FULL & FAIR NONECONOMIC DAMAGE
The bill proposes bifurcated trials in actions involving punitive damages, allowing defendants to separate the determinations of liability for compensatory damages and punitive awards. If requested, this structure would create two phases in trial: the first for compensatory and nominal damages, and the second specifically for punitive damages. This shift could notably alter the litigation landscape by potentially reducing juror bias stemming from emotional appeals during trials, promoting a more focused examination of damages based solely on injury rather than the alleged misconduct by the defendant.
SB2890, titled the Full and Fair Noneconomic Damages Act, introduces significant modifications to how noneconomic damages are assessed in tort cases within Illinois. The Act explicitly states that when determining noneconomic damages, jurors cannot consider evidence related to the defendant's wrongdoing, financial status, or any evidence intended to punish the defendant. This legislative measure aims to clarify the separation between compensatory and punitive damages, ensuring that jury decisions on pain and suffering awards are solely based on the compensatory purpose, not on punitive intentions.
There are points of contention over the implications of SB2890 on civil justice. Proponents argue that the current inflation of noneconomic damage awards undermines fairness and elevates insurance costs for consumers. They believe the new guidelines will curb excessive awards that result from emotional jury decisions influenced by evidence of misconduct. Conversely, critics may contend that by restricting the evidence that juries can consider, the bill could limit the compensation that injured parties rightfully deserve, particularly in cases involving severe emotional and psychological suffering.