If any person sues in any court of this state in any action for damages personal to the plaintiff, and recovers in such action, then judgment shall be entered in favor of the plaintiff to recover costs against the defendant, to be taxed, and the same shall be recovered and enforced as other judgments for the payment of money, except in the cases hereinafter provided.
5-108.Plaintiff to recover costs.
Article V. Costs · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAwards a prevailing plaintiff who sues for personal damages recovery of costs against the defendant, as part of the judgment, collectible the same way as any other money judgment.
Full Text of 735 ILCS 5/5-108
Plain-English Summary
This section sets the baseline rule for who recovers costs when a plaintiff sues for damages personal to the plaintiff and wins. Judgment is entered in the plaintiff's favor for costs against the defendant, in addition to whatever else the plaintiff recovers.
Those costs get taxed, and then recovered and enforced the same way as any other judgment for the payment of money. The plaintiff doesn't need a separate proceeding to collect them once they're part of the judgment.
The rule isn't absolute. The section closes with "except in the cases hereinafter provided," pointing to the other cost-shifting sections later in this Article that can change the outcome for particular kinds of actions or events in the case.
Frequently Asked Questions
What kind of action does this section cover?
An action for damages personal to the plaintiff.
What must happen for the plaintiff to recover costs under this section?
The plaintiff must recover in the action.
How are costs awarded under this section collected?
They are taxed, then recovered and enforced the same as other judgments for the payment of money.
Are there exceptions to this rule?
Yes. The section applies "except in the cases hereinafter provided," meaning other sections in this Article can supersede it.
Does this section set the cost rule for every kind of civil case?
By its own terms, it covers actions for damages personal to the plaintiff; other kinds of cases have their own cost rules elsewhere in the Article.
Amendment History
(Source: P.A. 83-707.)
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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