2-1109.Itemized verdicts.

Article II. Civil Practice · Part 11. Trial · Last amended 1995 · Last verified July 20, 2026

The official Illinois Compiled Statutes database prints two separate versions of this section — a Public Act later held unconstitutional alongside the text as it read before that amendment; both are shown below.

In one sentenceRequires juries to break bodily-injury damages awards into economic and non-economic loss, and further into categories in malpractice cases, though the current version reaches a broader set of cases -- including wrongful death and all healing art malpractice -- than the version it replaced.

Full Text of 735 ILCS 5/2-1109

Text sizeWith the changes made by P.A. 89-7 (held unconstitutional)

Without the changes made by P.A. 89-7 (held unconstitutional)

735 ILCS 5/2-1109. With the changes made by P.A. 89-7 (held unconstitutional)

In every case where damages for bodily injury or death are assessed by the jury the verdict shall be itemized so as to reflect the monetary distribution, if any, among economic loss and non-economic loss as defined in Section 2-1115.2 and, in healing art malpractice cases, further itemized so as to reflect the distribution of economic loss by category, such itemization of economic loss by category to include: (a) amounts intended to compensate for reasonable expenses which have been incurred, or which will be incurred, for necessary medical, surgical, x-ray, dental, or other health or rehabilitative services, drugs, and therapy; (b) amounts intended to compensate for lost wages or loss of earning capacity; and (c) all other economic losses claimed by the plaintiff or granted by the jury. Each category of economic loss shall be further itemized into amounts intended to compensate for losses which have been incurred prior to the verdict and amounts intended to compensate for future losses.

This amendatory Act of 1995 applies to causes of action filed on or after its effective date.

735 ILCS 5/2-1109. Without the changes made by P.A. 89-7 (held unconstitutional)

In every case where damages for injury to the person are assessed by the jury the verdict shall be itemized so as to reflect the monetary distribution among economic loss and non-economic loss, if any, and, in medical malpractice cases, further itemized so as to reflect the distribution of economic loss by category, such itemization of economic loss by category to include: (a) amounts intended to compensate for reasonable expenses which have been incurred, or which will be incurred, for necessary medical, surgical, x-ray, dental, or other health or rehabilitative services, drugs, and therapy; (b) amounts intended to compensate for lost wages or loss of earning capacity; and (c) all other economic losses claimed by the plaintiff or granted by the jury. Each category of economic loss shall be further itemized into amounts intended to compensate for losses which have been incurred prior to the verdict and amounts intended to compensate for losses which will be incurred in the future.

End

Plain-English Summary

Both versions of this section require itemizing a bodily-injury damages verdict into economic loss and non-economic loss, and, in malpractice cases, a further breakdown of economic loss by category: medical and rehabilitative expenses; lost wages or earning capacity; and other economic losses. Each category is split further between amounts already incurred and future amounts.

The current version, added by P.A. 89-7 and applying to causes of action filed on or after its 1995 effective date, covers damages for bodily injury or death, ties the terms economic loss and non-economic loss to the definitions in Section 2-1115.2, and applies the extra category-by-category breakdown to healing art malpractice cases -- a term that reaches medical, dental, and other licensed healing-profession malpractice claims.

The earlier version, from P.A. 84-7, covers only injury to the person, without an express reference to death, and limits the extra breakdown to medical malpractice cases, a narrower category than healing art malpractice. It also doesn't cross-reference the Section 2-1115.2 definitions, since that definitions section came later.

The practical effect of the shift is a wider reach: the current version pulls in wrongful-death verdicts and non-physician healing-art providers that the earlier text may not have covered.

Frequently Asked Questions

Does a jury verdict for bodily injury need to be broken down by damages type?

Yes, into economic loss and non-economic loss.

Does this apply to wrongful death verdicts?

Under the current version, yes -- it covers bodily injury or death. The earlier version referred only to injury to the person.

What extra breakdown applies in malpractice cases?

Economic loss must be further itemized by category -- medical and rehabilitative expenses, lost wages or earning capacity, and other economic losses -- split between past and future amounts.

Does healing art malpractice mean the same thing as medical malpractice?

Not exactly. The current version's healing art malpractice language is broader than the earlier version's medical malpractice wording.

Where are economic loss and non-economic loss defined?

In Section 2-1115.2, which the current version of this section cross-references.

Amendment History

With the changes made by P.A. 89-7 (held unconstitutional)(Source: P.A. 89-7, eff. 3-9-95.)

Without the changes made by P.A. 89-7 (held unconstitutional)(Source: P.A. 84-7.)

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

Also known as: itemized verdict illinois personal injuryeconomic non-economic damages jury verdict illinoishealing art malpractice itemized verdict