Sec. 309. Payment of future damages on periodic or accrual basis
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/bill/113/hr/3165/ih/section-309·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
When future damages are awarded against a health care practitioner to a person for the injury or death of an individual as a result of health care, and the present value of those future damages is $100,000 or more, that health care practitioner may move that the court order payment on a periodic or accrual basis of those damages. On such a motion, the court— shall order that payment be made on an accrual basis of future damages described in subsection (b)(1); and may order that payment be made on a periodic or accrual basis of any other future damages that the court considers appropriate.
In this section, the term future damages means— the future costs of medical, health care, or custodial services; noneconomic damages, such as pain and suffering or loss of consortium; loss of future earnings; and any other damages incurred after the award is made.