ILCS » Chapter 740 · Act 115
Illinois Compiled Statutes

740 ILCS 115/5 (2026)

Limitation on damages; damages allowable

✓ current as of May 2026
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(740 ILCS 115/5) (from Ch. 70, par. 55)
    Sec. 5. Limitation on damages; damages allowable. No recovery under this Act may exceed $20,000 actual damages for each person, or legal entity as provided in Section 4 of this Act, for the first act or occurrence of such wilful or malicious acts by the minor causing injury, and $30,000 if a pattern or practice of wilful or malicious acts by a minor exists for a separate act or occurrence, in addition to taxable court costs and attorney's fees. In determining the damages to be allowed in an action under this Act for personal injury, only medical, dental and hospital expenses and expenses for treatment by Christian Science practitioners and nursing care appropriate thereto may be considered.
    The changes to this Section made by this amendatory Act of the 95th General Assembly apply to causes of action accruing on or after its effective date.
(Source: P.A. 94-130, eff. 7-7-05; 95-914, eff. 1-1-09.)

    
Notes of Decisions
Cited in 1 case, 2008–2008 · leading case: Doe v. Brimfield Grade Sch., 552 F. Supp. 2d 816 (C.D. Ill. 2008).
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Doe v. Brimfield Grade Sch., 552 F. Supp. 2d 816 (C.D. Ill. 2008). · cites it 2× “They seek a judgment “not to exceed the limitations on damages as set forth in 740 ILCS 115/5, for an amount that a jury would find to be fair and reasonable to compensate [the minor] for his injuries, and for reasonable attorneys fees and costs associated with this claim.”
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