2-1115.1.Limitations on recovery of non-economic damages.
Article II. Civil Practice · Part 11. Trial · Last amended 2007 · Last verified July 20, 2026
In one sentenceCaps non-economic damages at $500,000 per plaintiff in negligence and product-liability cases for death, bodily injury, or property damage, adjusts that cap yearly for inflation, bars recovery of hedonic damages, and creates no independent right to non-economic damages.
(a)In all common law, statutory or other actions that seek
damages on account of death, bodily injury, or physical damage to property based on negligence, or product liability based on any theory or doctrine, recovery of non-economic damages shall be limited to $500,000 per plaintiff. There shall be no recovery for hedonic damages.
(b)Beginning in 1997, every January 20, the liability limit established in subsection (a) shall automatically be increased or decreased, as applicable, by a percentage equal to the percentage change in the consumer price index-u during the preceding 12-month calendar year. "Consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100. The new amount resulting from each annual adjustment shall be determined by the Comptroller and made available to the chief judge of each judicial circuit.
(c)The liability limits at the time at which damages subject to such limits are awarded by final judgment or settlement shall be utilized by the courts.
(d)Nothing in this Section shall be construed to create a right to recover non-economic damages.
(e)This amendatory Act of 1995 applies to causes of action accruing on or after its effective date.
Plain-English Summary
Subsection (a) caps non-economic damages -- defined in Section 2-1115.2 as intangible losses like pain and suffering, disability, disfigurement, loss of consortium, and loss of society -- at $500,000 per plaintiff in negligence or product-liability actions for death, bodily injury, or physical property damage. It separately bars any recovery for hedonic damages -- loss of enjoyment of life.
Subsection (b) indexes the cap: every January 20 starting in 1997, the Comptroller adjusts the limit up or down by the percentage change in the federal consumer price index over the prior 12 months, and makes the new figure available to each circuit's chief judge.
Subsection (c) fixes the operative date for the limit: courts use whichever limit is in effect when damages are awarded by final judgment or settlement, not the limit in effect at some earlier point like filing.
Subsection (d), like the parallel provision in Section 2-1115.05, clarifies that the section creates no right to non-economic damages -- it only limits what's otherwise recoverable.
Frequently Asked Questions
What is the cap on non-economic damages under this section?
$500,000 per plaintiff, as originally set and adjusted annually after 1997.
Does the cap ever change?
Yes. It's adjusted every January 20 by the change in the consumer price index over the prior year.
What kind of damages does this cap not reach?
Economic damages, defined and addressed separately from non-economic damages.
Can a plaintiff recover hedonic damages under this section?
No. The section bars recovery for hedonic damages entirely.
Which version of the cap applies to a given case?
The limit in effect at the time damages are awarded by final judgment or settlement.
Amendment History
(Source: P.A. 95-331, eff. 8-21-07.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as:illinois non-economic damages caphedonic damages illinoiscpi adjustment damages cap illinois