Section 21-3A-1 – Definition of terms.
21-3A-1. Definition of terms. Terms used in this chapter, mean: (1)”Bodily injury,” any bodily harm, sickness, disease, or death; (2)”Economic loss,” any pecuniary harm for which damages are recoverable; (3)”Future damages,” any damages arising from bodily injury which the trier of fact finds will accrue after the damages findings are made; (4)”Noneconomic loss,” any nonpecuniary […]
Section 21-3A-1.1 – Purposes of chapter.
21-3A-1.1. Purposes of chapter. The purposes of this chapter are to fully and fairly compensate injured parties as well as to: (1)Alleviate some of the practical problems incident to unpredictability of large future losses; (2)Effectuate more precise awards of damages for actual losses; (3)Pay damages as the trier of fact finds the losses will accrue; […]
Section 21-3A-1.2 – Applicability of chapter.
21-3A-1.2. Applicability of chapter. The provisions of this chapter apply only to any action against a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts for malpractice, error, mistake or failure to cure, whether based upon contract or tort, and to the professional corporation or corporations […]
Section 21-3A-2 – Action for bodily injury–Effective election–Objection to election–Time requirements–Action not tried under chapter–Withdrawal of election.
21-3A-2. Action for bodily injury–Effective election–Objection to election–Time requirements–Action not tried under chapter–Withdrawal of election. In order to invoke this chapter, a party to an action for bodily injury shall make an effective election in accordance with this section within one hundred twenty days after service of the complaint. The election shall be made in […]
Section 21-3A-3 – Calculation of damages by trier of fact.
21-3A-3. Calculation of damages by trier of fact. If liability is found in a trial under this chapter, the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of: (1)Any past damages; and (2)Any future damages and the periods over which they will accrue, on […]