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.)
Section 6-11-20 – Punitive Damages Not to Be Awarded Other Than Where Clear and Convincing Evidence Proven; Definitions.
Section 6-11-20 Punitive damages not to be awarded other than where clear and convincing evidence proven; definitions. (a) Punitive damages may not be awarded in any civil action, except civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort action where it is proven by clear and convincing evidence […]
Section 6-11-21 – Punitive Damages Not to Exceed Certain Limits.
Section 6-11-21 Punitive damages not to exceed certain limits. (a) Except as provided in subsections (b), (d), and (j), in all civil actions where an entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed three times the compensatory damages of the party claiming punitive damages or […]