Pain & Suffering Damages in Illinois
In Illinois, pain and suffering damages are classified as non-economic damages — compensation for physical pain, emotional distress, and diminished quality of life. Illinois places no statutory cap on non-economic damages for general personal injury cases.
Illinois uses the 51% bar — you cannot recover if you are 51% or more at fault. Awards are reduced proportionally at lower fault percentages. If you are found more than 50% at fault, you will not be able to recover any damages under Illinois law.
You have 2 years from the date of your injury to file a personal injury lawsuit in Illinois. 2 years from the date of injury for most personal injury claims. Missing this deadline permanently bars your claim.