What Are Non-Economic Damages in Illinois?

Non-economic damages compensate the human losses that money does not itemize on a bill: pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium. In Illinois personal injury law, these intangible harms are recognized as a core component of compensatory recovery alongside economic losses (medical bills, lost wages, and other measurable costs). Understanding what non-economic damages are, how they are proven and valued, and what Illinois law says about limits and fault is essential to preserving a claim that fairly reflects the true cost of an injury.

“Non-economic damages capture the human cost of injury: the nights of lost sleep, the hobbies you cannot return to, the relationships changed forever. Strong medical documentation and persuasive testimony are essential to ensure that these intangible losses are recognized and fairly compensated.” — John J. Malm, Naperville injury lawyer

What Exactly Counts as “Non-Economic” Damages?

Non-economic damages are intentionally broad because they address subjective harms:

Pain and suffering: physical pain, ongoing discomfort, and the mental anguish that accompanies injury and recovery.
Emotional distress: anxiety, depression, insomnia, and other psychological impacts caused by the injury or its aftermath.
Loss of enjoyment of life: the deprivation of activities of daily living, hobbies, and relationships that made life meaningful before the injury.
Disfigurement and scarring: permanent changes to appearance that carry physical and social consequences.
Loss of consortium: the impact on spousal or family relationships, intimacy, and household support.

Illinois codifies the concept of “non-economic loss” in civil-procedure provisions and treats these harms as recoverable where supported by evidence. The statute’s language and Illinois case law make clear that non-economic damages are not limited to the narrow categories above, but include other intangible losses tied to bodily injury and death.

When and Why Do Courts and Insurers Pay Non-Economic Damages?

Non-economic damages are paid when an injured plaintiff proves that the defendant’s negligence (or other wrongful conduct) caused injury and that the injury produced intangible harms that merit compensation. In practice:

Plaintiffs present medical records, testimony about pain and daily limitations, mental-health records, and testimony from family and friends describing changes in function and mood.
Juries and judges weigh credibility, the objective medical evidence, and the plausibility of claimed lifestyle losses.
Non-economic damages are often the largest element in settlements for catastrophic injuries (spinal cord injury, traumatic brain injury, severe disfigurement), because future medical costs and lost earnings do not fully capture ongoing suffering and life-change.

Academic analysis and historical jury patterns show that awards for pain and suffering commonly represent a substantial share, often roughly half, of total awards in many kinds of personal injury cases. That relationship helps explain why careful documentation of functional loss, testimony about daily life, and expert life-care planning are essential to proving non-economic loss.

Are There Limits (Caps) on Non-Economic Damages in Illinois?

A critical question for injured people is whether the state imposes a statutory ceiling on pain-and-suffering awards. Illinois once had statutory limits on non-economic damages in medical-malpractice and related cases, but the Illinois Supreme Court struck down those statutory caps. The court found the statutory limitation unconstitutional under the Illinois Constitution; the result is that Illinois does not currently impose a legislative cap on compensatory (economic or non-economic) damages in ordinary personal injury litigation. That legal background means juries and judges, subject to established rules of evidence and instruction, determine non-economic awards based on the facts of each case rather than a fixed statutory ceiling.

How are Non-Economic Damages Calculated?

There is no single mathematical formula. Common valuation approaches include:

Multiplier method: multiply the economic damages (medical bills + lost wages) by a factor (commonly 1.5–5) depending on injury severity, permanence, and liability clarity.
Per-diem method: assign a daily dollar value to pain and suffering and multiply by the number of days the plaintiff experienced symptoms.
Comparative jury assessment: allow a jury to assign a fair number after hearing the full evidentiary presentation.

Insurance adjusters and defense counsel often apply internal formulas or software. Plaintiff lawyers typically use a mix of medical records, life-care plans, loss-of-consortium proofs, and jury verdict history to justify a number to the insurer or jury. Because non-economic damages lack fixed invoices, persuasive storytelling supported by objective medical and vocational evidence is decisive.

How Much Do Non-Economic Awards Matter?

While absolute numbers vary widely by injury type and case facts, empirical studies and verdict reviews show that non-economic damages can make up a large portion of total recovery. Academic work suggests pain-and-suffering awards often approximate about one-half of total awards in many personal-injury contexts. This underscores why strong documentation of daily impacts and life changes is essential.
At the practice-level, median jury awards in Illinois trials historically have been modest (a Jury Verdict Research review reported a median award of $26,624 in Illinois trial verdicts), but that median masks the extreme variance that catastrophic cases create, roughly 8% of Illinois verdicts in some samples exceed $1 million. In other words, while many cases resolve for relatively modest sums, high-value non-economic awards remain possible in severe injury cases.
Most personal injury matters never reach a jury; settlement is the rule. Studies and industry reports estimate that roughly 90–95% of personal-injury claims resolve by settlement before trial, which is important because settlement negotiations often hinge on the parties’ competing estimates of non-economic loss. Settlement context therefore matters as much as jury data when forecasting recovery.

Practical Steps to Preserve and Maximize Non-Economic Recovery

To ensure non-economic harms are recognized and valued, injured persons should:

Seek timely and thorough medical care. Objective medical records are the foundation of a credible non-economic claim.
Keep a daily journal of pain, limitations, sleep disruption, mood changes, and the inability to perform prior activities. Contemporaneous records are persuasive to juries and adjusters.
Obtain supporting testimony. Family members, employers, and friends can describe changes in relationships, hobbies, and work performance.
Use experts where appropriate. Life-care planners, vocational experts, and treating specialists translate pain, future care needs, and life-impact into evidence admissible in court.
Avoid social-media postings that could be used to undercut your claims. Many insurers comb public profiles for evidence to reduce non-economic valuations.
Talk to an experienced Illinois personal injury attorney early. Early legal involvement preserves evidence, documents non-economic impacts properly, and negotiates settlements that reflect full life-costs, not just current bills.

These steps matter because non-economic damages depend heavily on credible, contemporaneous documentation of life changes and suffering.

How Fault and Comparative Negligence Affect Non-Economic Awards in Illinois

Illinois follows a modified comparative-fault rule (735 ILCS 5/2-1116). Under this rule, a plaintiff can recover only if their share of fault is 50% or less, and any damages awarded (economic and non-economic alike) are reduced in proportion to the plaintiff’s percentage of fault. Practically, that means non-economic awards are subject to the same apportionment rules as economic damages: if the jury awards $100,000 for pain and suffering but finds the plaintiff 20% at fault, the plaintiff’s recoverable non-economic damages would be reduced by 20% to $80,000. Understanding how fault allocation affects total recovery is essential in settlement strategy and trial preparation.

Frequently Asked Questions about Non-Economic Damages

Q: Are non-economic damages taxable?
A: Compensatory damages for physical injury, economic or non-economic, are generally not taxable as income under federal law. Tax consequences can arise for interest awards or punitive damages; consult tax counsel for case-specific advice.

Q: Do juries award more for physical injury than emotional injury alone?
A: Yes. Awards tied to documented physical injury and ongoing functional loss are typically stronger than claims based purely on emotional distress without physical injury. Objective medical evidence supports higher non-economic valuations.

Q: Will the existence of pre-existing conditions reduce my non-economic award?
A: Defendants often argue that pre-existing conditions explain a plaintiff’s suffering. Illinois law allows recovery for aggravation of pre-existing conditions, but the plaintiff must link the worsening to the defendant’s conduct. Expert medical testimony is commonly required to separate pre-existing baseline from accident-related change.

Q: How long does it take to recover non-economic damages?
A: Most cases settle before trial, but the timeline varies. Complex, catastrophic matters involving life-care planning and future damages often resolve after extended investigation and expert work; small injury claims often resolve more quickly.

Q: Should I accept a quick settlement that covers economic bills but offers little for pain and suffering?
A: Not without careful consideration. Quick offers that ignore ongoing pain, future limitations, or loss of enjoyment of life can leave claimants under-compensated. Consult counsel to value non-economic loss properly before signing releases.

Contact the Top-Rated Illinois Personal Injury Lawyers at John J. Malm & Associates

Non-economic damages are often the most meaningful part of a personal injury recovery because they compensate what bills cannot: pain, loss of life’s pleasures, and the emotional toll of injury. Illinois law recognizes these harms and permits full recovery when evidence supports it. But non-economic damages are also the hardest to prove and the most aggressively challenged by insurers; the difference between a fair recovery and a short-changed one often turns on documentation, expert support, and skilled advocacy.

If you or a loved one has suffered injury in Illinois, contact John J. Malm & Associates for a confidential consultation. We will review your medical records and daily-life documentation, advise on evidence to preserve, and work with medical and life-care experts to present a complete picture of your non-economic loss so you can pursue full and fair compensation.