Chapter 1 - Damages
- Article 1 Structured Damages.
- Section 6-11-1 Damages assessed by factfinder to be itemized; future damages not to be reduced to present value
In any civil action based upon tort and any action for personal injury based upon breach of warranty, except actions for wrongful death pursuant ...
- Section 6-11-2 Definitions
For purposes of this article, the following definitions shall apply: (1) PAST DAMAGES. Damages and losses suffered or incurred prior to the date of ...
- Section 6-11-3 Future damages; requirements if damages greater than $150,000; attorney's fees; periodic payments over period of years; specific findings; evidence of financial ability to make payments; evidence of present value inadmissible
Where the damages assessed against a defendant by the trier of fact include an award of future damages, the trial court shall comply with ...
- Section 6-11-4 Requirements when judgment structured; termination
Where a judgment is structured pursuant to Section 6-11-3 above, the following shall apply: (1) Should the judgment creditor die before the final installment ...
- Section 6-11-5 Court to conduct hearings and receive evidence
The court may conduct hearings and receive such evidence as is deemed necessary in order to make the determinations required in Section 6-11-3 and ...
- Section 6-11-6 Damages not affected
Nothing in this article shall be construed to alter or affect the nature, elements, form, or amount of damages recoverable in any action. ...
- Section 6-11-7 Prior rights not affected
This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987. ...
- Article 2 Punitive Damages.
- Section 6-11-20 Punitive damages not to be awarded other than where clear and convincing evidence proven; definitions
(a) Punitive damages may not be awarded in any civil action, except civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other ...
- Section 6-11-21 Punitive damages not to exceed certain limits
(a) Except as provided in subsections (b), (d), and (j), in all civil actions where an entitlement to punitive damages shall have been established ...
- Section 6-11-22 Grounds for mistrial if limitations mentioned in presence of jury
Argument or mention, in the presence of the jury, of the classifications or limitations established in Section 6-11-21 is not permissible and shall be ...
- Section 6-11-23 No presumption of correctness; court to conduct hearings; admissible relevant evidence; trial court to independently reassess award of punitive damages
(a) No presumption of correctness shall apply as to the amount of punitive damages awarded by the trier of the fact. (b) In all ...
- Section 6-11-24 No presumption of correctness to apply to damages on appeal
(a) On appeal, no presumption of correctness shall apply to the amount of punitive damages awarded. (b) The appellate court shall independently reassess the ...
- Section 6-11-25 Ability of court to set aside damages not limited
Nothing in this article is intended to limit the ability of a trial or appellate court to set aside or reverse an award of ...
- Section 6-11-26 No punitive damages awarded against state or agency thereof
Punitive damages may not be awarded against the State of Alabama or any county or municipality thereof, or any agency thereof, except any entity ...
- Section 6-11-27 Principal, master, etc., not liable for punitive damages for conduct of agent, servant, etc.; exceptions
(a) A principal, employer, or other master shall not be liable for punitive damages for intentional wrongful conduct or conduct involving malice based upon ...
- Section 6-11-28 No cause of action created
Nothing contained in this article shall be construed to grant or create a cause of action or right to recover punitive damages. ...
- Section 6-11-29 Wrongful death actions not affected
This article shall not pertain to or affect any civil actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, as amended. ...
- Section 6-11-30 Effective date
This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987. ...
- Article 3 Structural Settlement Protection Act.
- Section 6-11-50 Short title
This article shall be known and referred to as the "Structured Settlement Protection Act." ...
- Section 6-11-51 Definitions
As used in this article the following words and terms shall have the following meanings: (1) ANNUITY ISSUER. An insurer that has issued a ...
- Section 6-11-52 Disclosure statement
Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee ...
- Section 6-11-53 Advanced approval by court required; hearing
No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required ...
- Section 6-11-54 Effects of transfer of rights
(a) Following a transfer of structured settlement payment rights under this article: (1) The structured settlement obligor and the annuity issuer shall, as to ...
- Section 6-11-55 Application for approval of transfer; notice
(a) An application under this article for approval of a transfer of structured settlement payment rights shall be made by the transferee and may ...
- Section 6-11-56 Waiver; choice of law; procedures for life-contingent rights; liability
(a) The provisions of this article may not be waived by any payee. (b) Any transfer agreement entered into on or after July 1, ...
- Section 6-11-57 Applicability
This article shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after the 30th day ...
- Section 6-11-58 Relation to workers' compensation provisions
Nothing in this article shall be construed to apply to any settlement under the Alabama Workers' Compensation Law. ...
- Section 6-11-59 Confidentiality of settlement terms
Nothing in this article is intended to, or shall, require or allow the disclosure, publication, or dissemination of the terms of a settlement which ...
