Illinois Pain & Suffering Calculator

Illinois has no cap on pain and suffering — struck down not once but twice by the state's Supreme Court, each time on a different constitutional theory. The 51% fault bar still applies on top.

Cited to Illinois statutes & case law FigureMyTax Editorial Team Free · no sign-up

Estimate your pain & suffering

Enter your economic damages, pick severity, and your share of fault, if any.

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Estimated pain & suffering
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Struck down twice, on two different theories

Illinois' Supreme Court dismantled legislative damages caps in two separate rulings, thirteen years apart. Best v. Taylor Machine Works (1997) struck a broad $500,000 cap covering all common-law actions, finding it impermissible special legislation that singled out certain injury victims. Lebron v. Gottlieb Memorial Hospital (2010) struck a narrower medical malpractice-specific cap on entirely different grounds: separation of powers, holding that a legislature cannot override a jury's noneconomic damages finding without usurping the judiciary's role in reviewing verdicts case by case.

That second theory is structural — it doesn't depend on how narrowly a future cap might be drawn, which is why Illinois has had no enforceable noneconomic damages cap since. On fault, 735 ILCS 5/2-1116 bars recovery once your fault exceeds 50%.

Injured in Illinois?

A local personal injury attorney can review your claim — many offer a free consultation.

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This is an estimate for general guidance only and is not legal advice. Figures are based on the cited Illinois statutes and case law. Confirm how these rules apply to your specific case with a licensed Illinois attorney.