(a) One or more of the following persons may bring an action for damages caused by an individual‘s use of an illegal drug:
        (1) A parent, legal guardian, child, spouse, or
    
sibling of the individual drug user.
        (2) An individual who was exposed to an illegal drug
    
in utero.
        (3) An employer of the individual drug user.
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Terms Used In Illinois Compiled Statutes 740 ILCS 57/25

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See Illinois Compiled Statutes 5 ILCS 70/1.36
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

        (4) A medical facility, insurer, governmental entity,
    
employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user or that otherwise expended money on behalf of the individual drug user.
        (5) A person injured as a result of the willful,
    
reckless, or negligent actions of an individual drug user.
    (b) A person entitled to bring an action under this Section may seek damages from one or more of the following:
        (1) A person who knowingly distributed, or knowingly
    
participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user.
        (2) A person who knowingly participated in the
    
illegal drug market if:
            (A) the place of illegal drug activity by the
        
individual drug user is within the illegal drug market target community of the defendant;
            (B) the defendant’s participation in the illegal
        
drug market was connected with the same type of illegal drug used by the individual drug user; and
            (C) the defendant participated in the illegal
        
drug market at any time during the individual drug user’s period of illegal drug use.
    (c) A person entitled to bring an action under this Section may recover all of the following damages:
        (1) economic damages, including, but not limited to,
    
the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use;
        (2) non-economic damages, including, but not limited
    
to, physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by an individual’s use of an illegal drug;
        (3) exemplary damages;
        (4) reasonable attorneys’ fees;
        (5) costs of suit, including, but not limited to,
    
reasonable expenses for expert testimony.
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