Special damages findings required.

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(1) 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:

(a) Any past damages for each of the following types:

  1. Medical and other costs of health care;

  2. Other economic loss except loss of earnings;

  3. Loss of earnings; and

  4. Noneconomic loss;

(b) Any future damages and the period of time over which they will be paid, for each of the following types:

  1. Medical and other costs of health care;

  2. Other economic loss except loss of future earnings which would be incurred for thelife of the claimant or any lesser period;

  3. Loss of future earnings which would be incurred for the work life expectancy of theclaimant or a lesser period; and

  4. Noneconomic loss which would be incurred for the life of the claimant or any lesserperiod.

  1. The calculation of all future damages under subparagraphs (I), (II), and (IV) of paragraph (b) of subsection (1) of this section shall reflect the costs and losses during the period of time, including life expectancy, if appropriate, that the claimant will sustain those costs and losses. The calculation of loss under subparagraph (III) of paragraph (b) of subsection (1) of this section shall be based on loss during the period of time the claimant would have earned income but for the injury upon which the claim is based.

  2. The fact that payment of any judgment will be paid by periodic payments shall not bedisclosed to a jury.

Source: L. 88: Entire article added, p. 614, § 1, effective July 1.


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