12-582

12-582. Election of periodic payments

A. This article applies to any trial involving a claim for future damages arising
out of a medical malpractice action. Any party may elect to receive or pay future
damages for economic losses in periodic installments in accordance with this article.

B. The election shall be made pursuant to court rule. Any objection to the
election shall be made pursuant to court rule.

C. An election filed by a party claiming or responding to a claim for future
damages is effective unless an objecting party shows good cause pursuant to section
12-583 why the trial or arbitration of a claim affecting the party should not be
conducted under this article.

D. If an effective election is on file at the commencement of trial, all claims,
including third party claims, counterclaims and claims consolidated for trial shall be
tried under this article unless the court finds that a separate trial or other proceeding
should be held on some or all of the claims that are not the subject of the election.

E. An effective election may be withdrawn only by consent of all parties to the
claim to which the election relates.