12-586. Entering a judgment for future
damages
A. If special findings for future damages are made, the court shall enter judgment
pursuant to the following procedures:
1. The court shall apply to the findings of past and future damages any applicable
rules of law in calculating the respective amounts of past and future damages each
claimant is entitled to recover and each party is obligated to pay.
2. The court shall specify payment of attorney fees and litigation expenses
separately from the periodic installments payable to the claimant pursuant to any
agreement entered into between the claimant and his attorney. Under a percentage
attorney fee contract, unless the contract specifies otherwise, the portion of the fee
applicable to the recovery of the periodic installments of future damages is computed by
multiplying the fee percentage times the cost of an annuity which would satisfy the
funding requirements under sections 12-587 and 12-588.
B. A reduction in installments of future damages made pursuant to this section for
payment of attorney's fees shall reduce proportionally all periodic installments for
future damages.
C. The court shall enter judgment in lump sum for past damages and for any future
damages payable in lump sum or otherwise under this section. The court shall also enter
judgment for the payment in periodic installments of the remaining amounts of future
damages, without reduction to present value. The periodic installments shall be set
forth in the judgment in a schedule that shows the annual amount due in each year the
trier of fact has found that losses will accrue. If a finding has been made that costs
of health care will continue for the duration of the claimant's life, the judgment shall
set forth the finding and the amount of those annual losses.
|