Illinois: What Counts as Economic vs. Non-Economic Damages

Neither compensatory category has a cap in Illinois — but a third, entirely separate category, punitive damages, plays by its own very different rulebook.

Economic damages: the documented, countable losses

Economic damages are the straightforward, receipt-backed part of a claim. In an Illinois personal injury case, this generally includes medical expenses already incurred, lost wages from time away from work, property damage, and reasonably anticipated future medical care or lost earning capacity tied directly to the injury.

Non-economic damages: the subjective losses

Non-economic damages cover the losses that don't come with a receipt: pain and suffering, disfigurement, loss of a normal life, and emotional distress. These are inherently harder to quantify, which is exactly why the multiplier method exists — to translate a documented economic figure into a reasoned estimate of the non-economic side.

Neither compensatory category is capped

Illinois's legislature tried twice to cap non-economic damages — once across all common-law actions, once specifically for medical malpractice — and the Illinois Supreme Court struck both attempts down as violations of the separation of powers clause (Best, 1997; Lebron, 2010). Today, neither economic nor non-economic compensatory damages are capped in any Illinois personal injury case.

A genuinely different third category: punitive damages

It's worth keeping punitive damages entirely separate from this split. Punitive damages don't compensate the plaintiff's loss at all — they punish the defendant's conduct. In Illinois, they're treated very differently depending on the type of case: flatly prohibited in medical and legal malpractice under 735 ILCS 5/2-1115, but available, capped at 3 times economic damages, in ordinary negligence and product liability cases under 735 ILCS 5/2-1115.05. That's a meaningfully different rulebook than the one that governs your economic and non-economic damages.

Fault treats the compensatory categories the same way

Illinois's 51% fault bar doesn't distinguish between economic and non-economic damages. If your fault bars the claim, it bars recovery of both categories together — there's no partial exception letting one category through while the other is barred.

Economic vs. non-economic damages — frequently asked questions

What are economic damages in an Illinois personal injury claim?

Economic damages are your documented, out-of-pocket financial losses — medical expenses, lost wages, property damage, and future medical care or lost earning capacity tied to the injury.

What are non-economic damages in an Illinois personal injury claim?

Non-economic damages cover losses that aren't a specific dollar receipt — pain and suffering, disfigurement, loss of a normal life, and emotional distress.

Does Illinois cap non-economic damages differently than economic damages?

Neither category is currently capped in Illinois. The legislature tried to cap non-economic damages twice, and the Illinois Supreme Court struck both attempts down as violations of the separation of powers clause.

Where do punitive damages fit into this split?

Nowhere — they're a separate, third category entirely, aimed at punishing the defendant rather than compensating the plaintiff. Illinois bans them outright in malpractice cases and caps them at 3 times economic damages elsewhere.

Does the economic vs. non-economic split affect Illinois's 51% fault bar?

No. Illinois's fault bar applies to the claim as a whole, barring both categories together if your fault is too high, rather than treating one category differently from the other.

This page provides general guidance only and is not legal advice. Figures are based on general US personal injury damages categories and Illinois statutes (735 ILCS 5/2-1115, 2-1115.05), verified per our methodology. Confirm what counts toward a specific claim with a licensed Illinois attorney before acting.