The general assembly declares the purposes of enacting this part 2 are to: Alleviate the practical problems incident to the unpredictability of future losses; Effectuate more precise awards of damages for actual losses; Pay damages as the losses are found to accrue; Assure that payments of damages more nearly serve the purposes for which they […]
As used in this part 2, unless the context otherwise requires: “Economic loss” means pecuniary harm for which damages are recoverable under the laws of this state. “Future damages” means damages of any kind arising from personal injuries which the trier of fact finds will accrue after the damages findings are made. “Health-care institution” means […]
In any civil action for damages in tort brought against a health-care professional or a health-care institution, the trial judge shall enter a judgment ordering that awards for future damages be paid by periodic payments rather than by a lump-sum payment if the award for future damages exceeds the present value of one hundred fifty […]
If liability is found in a trial under this part 2, the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of: Any past damages for each of the following types: Medical and other costs of health care; Other economic loss except loss of earnings; […]
In order to determine what judgment is to be entered on a verdict requiring findings of special damages under this part 2, the court shall proceed as follows: The court shall apply to the findings of past and future damages any applicable rules of law, including setoffs, credits, comparative fault, additurs, and remittiturs in calculating […]
A judgment for periodic payments under this part 2 shall provide that: Such periodic payments are fixed and determinable as to amount and time of payment; Such periodic payments cannot be accelerated, deferred, increased, or decreased by the recipient of such payments; and The recipient of such payments shall be a general creditor of the […]
A judgment for periodic payments entered in accordance with this part 2 shall provide for payments to be funded in one or more of the following forms approved by the court: Annuity contract issued by a company licensed to do business as an insurance company under the laws of this state; An obligation or obligations […]
If the court enters a judgment for periodic payments under this part 2, then each party liable for all or a portion of the judgment, unless found to be incapable of doing so, shall separately or jointly with one or more others provide the funding for the periodic payments in a form prescribed in section […]
An assignment by a judgment creditor or an agreement by such person to assign any right to receive periodic payments for future damages contained in a judgment entered under this part 2 is enforceable only as to amounts: To secure payment of alimony, maintenance, or child support; For the costs of products, services, or accommodations […]
Except as provided in section 13-64-209, periodic payments for future damages contained in a judgment entered under this part 2 for loss of earnings are exempt from garnishment, attachment, execution, and any other process or claim to the extent that wages or earnings are exempt. Source: L. 88: Entire article added, p. 617, § 1, […]
Nothing in this part 2 is to be construed to limit or affect the settlement of actions triable under this part 2 nor shall it apply to the settlement of actions except as otherwise agreed to by the parties. Parties to an action on a claim for personal injury may, but are not required to, […]
Upon entry of an order by the court that the form of funding complies with section 13-64-207 and that the funding of the obligation complies with section 13-64-208, the court shall order a satisfaction of judgment and discharge of the judgment debtor. Source: L. 88: Entire article added, p. 617, § 1, effective July 1.
This part 2 shall take effect July 1, 1988, and shall apply to acts or omissions occurring on or after said date. Source: L. 88: Entire article added, p. 617, § 1, effective July 1.
