Text: HF02375 Text: HF02377 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 624.18, Code 1995, is amended to read 1 2 as follows: 1 3 624.18DISTINCTION BETWEEN DEBT ANDDESIGNATION AND 1 4 CALCULATION OF DAMAGES. 1 5 1. In all actions where the plaintiff recovers a sum of 1 6 money, the amount to which the plaintiff is entitled may be 1 7 awarded the plaintiff by the judgment generally, without any 1 8 distinction being therein made as to whether such sum is 1 9 recovered by way of debt or damages. 1 10 2. In all personal injury actions where the plaintiff 1 11 recovers a sum of money that, according to special verdict, is 1 12 intended, in whole or part, to address the future damages of 1 13 the plaintiff, that portion of the judgment that reflects the 1 14 future damages shall be adjusted by the court to reflect the 1 15 present value of the sum, if the finder of fact has not 1 16 already adjusted the sum to reflect the present value. The 1 17 court may inquire of the jury whether the calculation of 1 18 future damages reflects adjustment for present value. 1 19 Sec. 2. Section 668.3, subsection 8, Code 1995, is amended 1 20 to read as follows: 1 21 8. In an action brought pursuant to this chapter the court 1 22 shall instruct the jury to answer special interrogatories or, 1 23 if there is no jury, shall make findings on each specific item 1 24 of requested or awarded damages indicating that portion of the 1 25 judgment or decree awarded for past damages and that portion 1 26 of the judgment or decree awarded for future damages. All 1 27 awards of future damages shall be calculated according to the 1 28 method set forth in section 624.18. 1 29 EXPLANATION 1 30 This bill specifies that calculations of future damages 1 31 awarded in personal injury actions must be adjusted to reflect 1 32 present value. Future damages includes damages for such 1 33 things as pain and suffering, loss of earning capacity, and 1 34 ongoing care and other medical expenses to be incurred 1 35 subsequent to the trial. 2 1 LSB 4133HH 76 2 2 jls/jw/5
Text: HF02375 Text: HF02377 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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