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2-1115.2.Economic and non-economic loss.

Article II. Civil Practice · Part 11. Trial · Last amended 1995 · Last verified July 20, 2026

In one sentenceDefines the three damages terms that drive the tort-reform sections around it -- economic loss, non-economic loss, and compensatory or actual damages -- for negligence, wrongful death, and product-liability claims.

Full Text of 735 ILCS 5/2-1115.2

Text sizeJump to: (a) (b) (c)

In all actions on account of bodily injury, death, physical damage to property based on negligence, or a product liability action as defined in Section 2-2101, the following terms have the following meanings:
(a) "Economic loss" or "economic damages" means all damages which are tangible, such as damages for past and future medical expenses, loss of income or earnings and other property loss.
(b) "Non-economic loss" or "non-economic damages" means damages which are intangible, including but not limited to damages for pain and suffering, disability, disfigurement, loss of consortium, and loss of society.
(c) "Compensatory damages" or "actual damages" are the sum of economic and non-economic damages.
This amendatory Act of 1995 applies to causes of action filed on or after its effective date.

Plain-English Summary

This section applies to actions on account of bodily injury, death, and negligence-based property damage, plus product-liability actions as defined in Section 2-2101.

Subsection (a) defines economic loss or economic damages as tangible losses -- past and future medical expenses, lost income or earnings, and other property loss.

Subsection (b) defines non-economic loss or non-economic damages as intangible losses, including but not limited to pain and suffering, disability, disfigurement, loss of consortium, and loss of society.

Subsection (c) defines compensatory or actual damages as the sum of economic and non-economic damages, tying the two categories together into the total figure other sections build on, such as the itemized-verdict rule in Section 2-1109 and the punitive-damages cap in Section 2-1115.05.

Frequently Asked Questions

What counts as economic loss under this section?

Tangible losses, like past and future medical expenses, lost income or earnings, and other property loss.

What counts as non-economic loss?

Intangible losses, including pain and suffering, disability, disfigurement, loss of consortium, and loss of society.

What are compensatory damages?

The sum of economic and non-economic damages.

Do these definitions apply to every civil case?

No. They apply to actions for bodily injury, death, negligence-based property damage, and product-liability actions as defined in Section 2-2101.

Where else do these definitions get used?

They're cross-referenced by the itemized-verdict rule in Section 2-1109 and the damages-cap provisions near it.

Amendment History

(Source: P.A. 89-7, eff. 3-9-95.)

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
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