Article II. Civil Practice · Part 12. Post-Trial · Last amended 1997 · Last verified July 20, 2026
In one sentenceSection 2-1207 lets the trial court trim an excessive punitive-damages award through remittitur and a conditional new trial, and split what remains among the plaintiff, the plaintiff's attorney, and the State.
Full Text of 735 ILCS 5/2-1207
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The trial court may, in its discretion, with respect to punitive damages, determine whether a jury award for punitive damages is excessive, and if so, enter a remittitur and a conditional new trial.
The trial court may also in its discretion, apportion the punitive damage award among the plaintiff, the plaintiff's attorney and the State of Illinois Department of Human Services. The amount of the award paid from the punitive damages to the plaintiff's attorney shall be reasonable and without regard to any contingent fee contract, except that such amount shall not exceed the amount authorized by the contingent fee contract. In apportioning punitive damages as provided in this Section, the court shall consider, among other factors it deems relevant, whether any special duty was owed by the defendant to the plaintiff.
Plain-English Summary
If a jury's punitive-damages award looks excessive, the trial court has discretion to order a remittitur paired with a conditional new trial, rather than leaving the full award standing or ordering a new trial outright.
The court can also divide the punitive award among the plaintiff, the plaintiff's attorney, and the Illinois Department of Human Services. The attorney's share must be reasonable, set without regard to any contingent-fee contract, except that it can't exceed what that contract would authorize.
In deciding how to apportion the award, the court weighs whatever factors it deems relevant, including whether the defendant owed the plaintiff a special duty.
Frequently Asked Questions
Can an Illinois judge reduce a jury's punitive damages award?
Yes, through a remittitur if the award is excessive, paired with a conditional new trial.
Who can receive a share of punitive damages in Illinois?
The court may apportion the award among the plaintiff, the plaintiff's attorney, and the Illinois Department of Human Services.
Does the plaintiff's attorney automatically get their contingent-fee percentage of punitive damages?
No. The amount must be reasonable and set without regard to the contingent-fee contract, except that it can't exceed what the contract would authorize.
What does the court consider when apportioning a punitive damages award?
Any factors it deems relevant, including whether the defendant owed the plaintiff a special duty.
What is a conditional new trial in this context?
It's paired with a remittitur -- if the reduced award isn't accepted, a new trial follows.
Amendment History
(Source: P.A. 89-507, eff. 7-1-97.)
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:punitive damages illinois remittiturexcessive jury award illinoisapportion punitive damages illinoispunitive damages department human services illinois