Section 6-11-54 – Effects of Transfer of Rights.
Section 6-11-54 Effects of transfer of rights. (a) Following a transfer of structured settlement payment rights under this article: (1) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments. (2) The transferee shall be liable […]
Section 6-11-55 – Application for Approval of Transfer; Notice.
Section 6-11-55 Application for approval of transfer; notice. (a) An application under this article for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer […]
Section 6-11-56 – Waiver; Choice of Law; Procedures for Life-Contingent Rights; Liability.
Section 6-11-56 Waiver; choice of law; procedures for life-contingent rights; liability. (a) The provisions of this article may not be waived by any payee. (b) Any transfer agreement entered into on or after July 1, 2006, by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim […]
Section 6-11-57 – Applicability.
Section 6-11-57 Applicability. This article shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after the 30th day after July 1, 2006; provided, however, that nothing contained herein shall imply that any transfer under a transfer agreement reached prior to such date is either effective or […]
Section 6-11-58 – Relation to Workers’ Compensation Provisions.
Section 6-11-58 Relation to workers’ compensation provisions. Nothing in this article shall be construed to apply to any settlement under the Alabama Workers’ Compensation Law. (Act 2006-628, p. 1714, §9.)
Section 6-11-24 – No Presumption of Correctness to Apply to Damages on Appeal.
Section 6-11-24 No presumption of correctness to apply to damages on appeal. (a) On appeal, no presumption of correctness shall apply to the amount of punitive damages awarded. (b) The appellate court shall independently reassess the nature, extent and economic impact of such an award and reduce or increase the award if appropriate in light […]
Section 6-11-25 – Ability of Court to Set Aside Damages Not Limited.
Section 6-11-25 Ability of court to set aside damages not limited. Nothing in this article is intended to limit the ability of a trial or appellate court to set aside or reverse an award of punitive damages, or to order a new trial. (Acts 1987, No. 87-185, p. 251, §6.)
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 […]