25-9-401. Definitions. In this part: (1) ”future damages” includes damages for future medical treatment, care, or custody, loss of future earnings, and future pain and suffering of the judgment creditor; and (2) ”periodic payment” means the payment of money to the judgment creditor at regular intervals. History: En. Sec. 1, Ch. 634, L. 1987.
25-9-402. Findings by trier of fact — civil actions. In any action for personal injury, property damage, or wrongful death where liability is found after trial and in which $100,000 or more in future damages is awarded to the claimant, the trier of fact shall make a separate finding as to the amount of any future […]
25-9-403. Request for periodic payment of future damages — nonmalpractice claims. (1) Except as provided in 25-9-412, a party to an action for personal injury, property damage, or wrongful death in which $100,000 or more of future damages is awarded may, prior to the entry of judgment, request the court to enter a judgment ordering future […]
25-9-404. Payment of attorney fees. A judgment must order payment of attorney fees and litigation expenses separately from an order for periodic payments of future damages. The attorney fees and expenses must be paid either in a lump sum or by periodic payments pursuant to an agreement entered into between the claimant and the claimant’s attorney. […]
25-9-405. Assignment of periodic installments. An assignment of or an agreement to assign any right to periodic installments for future damages contained in a judgment entered under this part is enforceable only as to amounts: (1) to secure payment of alimony, maintenance, or child support; or (2) for the costs of products, services, or accommodations provided or to […]
25-9-406. Failure to pay — penalty. If the court finds that the insurer that sold the annuity to the judgment debtor has unjustifiably exhibited a continuing pattern of failing to make periodic payments, the court shall find the insurer in contempt of court and order the insurer to pay past-due payments and the judgment creditor’s damages […]
25-9-407 through 25-9-410 reserved.
25-9-411. (Temporary) Medical malpractice noneconomic damages limitation. (1) (a) In a malpractice claim or claims against one or more health care providers based on a single incident of malpractice, an award for past and future damages for noneconomic loss may not exceed $250,000. All claims for noneconomic loss deriving from injuries to a patient are subject […]
25-9-412. Periodic payment of future damages in medical malpractice cases. (1) A party to an action for a malpractice claim, as defined in 25-9-411, in which $50,000 or more of future damages is awarded may, prior to the entry of judgment, request the court to enter a judgment ordering future damages to be paid in whole […]
