Text: HF02098 Text: HF02100 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 668B.1 CITATION.
1 2 This chapter may be cited as the "Noneconomic Damage Awards
1 3 Act".
1 4 Sec. 2. NEW SECTION. 668B.2 DEFINITIONS.
1 5 As used in this chapter, unless the context otherwise
1 6 requires:
1 7 1. "Economic damages" means objectively verifiable
1 8 pecuniary damages arising from medical expenses and medical
1 9 care, rehabilitation services, custodial care, loss of
1 10 earnings and earning capacity, loss of income, burial costs,
1 11 loss of use of property, costs of repair or replacement of
1 12 property, costs of obtaining substitute domestic services,
1 13 loss of employment, loss of business or employment
1 14 opportunities, and other objectively verifiable monetary
1 15 losses.
1 16 2. "Noneconomic damages" means subjective, nonpecuniary
1 17 damages arising from pain, suffering, inconvenience, physical
1 18 impairment, disfigurement, mental anguish, emotional distress,
1 19 loss of services, companionship, society, or consortium,
1 20 injury to reputation, humiliation, and other nonpecuniary
1 21 damages.
1 22 Sec. 3. NEW SECTION. 668B.3 DAMAGE AWARDS.
1 23 In any personal injury action, the prevailing plaintiff may
1 24 be awarded all of the following damages:
1 25 1. Compensation for economic damages suffered by the
1 26 injured plaintiff.
1 27 2. Compensation for the noneconomic damages suffered by
1 28 the injured plaintiff not to exceed the greater of either of
1 29 the following:
1 30 a. Two hundred fifty thousand dollars.
1 31 b. The amount awarded in economic damages.
1 32 Sec. 4. NEW SECTION. 668B.4 SPECIAL DAMAGES – FINDINGS.
1 33 1. In any action seeking damages for personal injury or
1 34 wrongful death in which liability is found, the trier of fact,
1 35 in addition to other appropriate findings, shall make separate
2 1 findings for each claimant specifying the amount of both of
2 2 the following:
2 3 a. Any past damages.
2 4 b. Any future damages and the periods over which they will
2 5 accrue, on an annual basis, for each of the following types of
2 6 damages:
2 7 (1) Medical and other costs of health care.
2 8 (2) Other economic loss.
2 9 (3) Noneconomic loss.
2 10 2. The calculation of the costs of any future medical
2 11 care, other costs of health care, and future noneconomic loss
2 12 must reflect the costs and losses during the period of time
2 13 the claimant will sustain those costs and losses. The
2 14 calculation for other economic loss must be based on the
2 15 losses during the period of time the claimant would have lived
2 16 but for the injury upon which the claim is based.
2 17 EXPLANATION
2 18 This bill establishes the noneconomic damage awards Act and
2 19 provides that an award for noneconomic damages in a personal
2 20 injury action shall not exceed $250,000 or the amount awarded
2 21 in economic damages, whichever amount is greater. Special
2 22 findings are required by the trier of fact where liability is
2 23 assessed in a personal injury or wrongful death action.
2 24 LSB 6031HH 80
2 25 rh/pj/5
Text: HF02098 Text: HF02100 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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