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Legal Memorandum: Non-economic Damages in a Personal Injury Action

Issue: Under Illinois law, what types of non-economic damages may be recovered in a personal injury action?

Area of Law: Litigation & Procedure, Personal Injury & Negligence
Keywords: Non-economic damages; Personal injury action
Jurisdiction: Illinois
Cited Cases: 809 N.E.2d 156
Cited Statutes: None
Date: 09/01/2015

In Illinois, non-economic damages are broken down as follows:

  • Reasonable and necessary medical care, treatment, and services expenses.
  • Damages for the pain and suffering experienced, and reasonably certain to be experienced in the future, as a result of the injuries.
  • The cost of aggravation of a pre-existing ailment or condition.
  • Loss of a normal life experienced, and reasonably certain to be experienced in the future.

Luye v. Schopper, 348 Ill. App. 3d 767, 809 N.E.2d 156 (2004). 

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