House File 2099 HOUSE FILE BY HORBACH Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to an award of noneconomic damages. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6031HH 80 4 rh/pj/5 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