Section 6-11-1 – Damages Assessed by Factfinder to Be Itemized; Future Damages Not to Be Reduced to Present Value.
Section 6-11-1 Damages assessed by factfinder to be itemized; future damages not to be reduced to present value. In any civil action based upon tort and any action for personal injury based upon breach of warranty, except actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, the damages assessed by the factfinder shall be […]
Section 6-11-2 – Definitions.
Section 6-11-2 Definitions. For purposes of this article, the following definitions shall apply: (1) PAST DAMAGES. Damages and losses suffered or incurred prior to the date of judgment. (2) FUTURE DAMAGES. Damages and losses reasonably anticipated to be suffered or incurred following the date of judgment. As used herein, the terms “plaintiff” and “defendant” shall […]
Section 6-11-3 – Future Damages; Requirements if Damages Greater Than $150,000; Attorney’s Fees; Periodic Payments Over Period of Years; Specific Findings; Evidence of Financial Ability to Make Payments; Evidence of Present Value Inadmissible.
Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney’s fees; periodic payments over period of years; specific findings; evidence of financial ability to make payments; evidence of present value inadmissible. Where the damages assessed against a defendant by the trier of fact include an award of future damages, the trial court shall comply […]
Section 6-11-4 – Requirements When Judgment Structured; Termination.
Section 6-11-4 Requirements when judgment structured; termination. Where a judgment is structured pursuant to Section 6-11-3 above, the following shall apply: (1) Should the judgment creditor die before the final installment is paid, the remaining payments shall be made to the estate of the decedent, or as otherwise directed by the court having jurisdiction over […]
Section 6-11-5 – Court to Conduct Hearings and Receive Evidence.
Section 6-11-5 Court to conduct hearings and receive evidence. The court may conduct hearings and receive such evidence as is deemed necessary in order to make the determinations required in Section 6-11-3 and Section 6-11-4. (Acts 1987, No. 87-183, p. 245, §5.)
Section 6-11-6 – Damages Not Affected.
Section 6-11-6 Damages not affected. Nothing in this article shall be construed to alter or affect the nature, elements, form, or amount of damages recoverable in any action. (Acts 1987, No. 87-183, p. 245, §6.)
Section 6-11-7 – Prior Rights Not Affected.
Section 6-11-7 Prior rights not affected. This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987. (Acts 1987, No. 87-183, p. 245, §8.)