Title 6 — Title 6

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 to Sections 6-5-391 and 6-5-410, the damages assessed by the factfinder shall be itemized as follows: (…

For purposes of this article, the following definitions shall apply: (1) PAST DAMAGES. Damages and losses suffered or incurred prior to the date of judgment. (2) FUTURE DAMAGES. Damages and losses reasonably anticipated to be suffered or incurred following the date of judgment. A…

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 than in a tort action where it is proven by clear and convincing evidence that the defenda…

(a) Except as provided in subsections (b), (d), and (j), in all civil actions where an entitlement to punitive damages shall have been established under applicable laws, no award of punitive damages shall exceed three times the compensatory damages of the party claiming punitive …

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 ground for a mistrial. History: (Acts 1987, No. 87-185, p. 251, §3.)

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 cases wherein a verdict for punitive damages is awarded, the trial c…

(a) On appeal, no presumption of correctness shall apply to the amount of punitive damages awarded. (b) The appellate court shall independently reassess the nature, extent and economic impact of such an award and reduce or increase the award if appropriate in light of all the evi…

Nothing in this article is intended to limit the ability of a trial or appellate court to set aside or reverse an award of punitive damages, or to order a new trial. History: (Acts 1987, No. 87-185, p. 251, §6.)

Punitive damages may not be awarded against the State of Alabama or any county or municipality thereof, or any agency thereof, except any entity covered under the Medical Liability Act now codified as Section 6-5-480 et seq., or any acts amendatory thereto. History: (Acts 1987, N…

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 acts or omissions of an agent, employee, or servant of said principal, employer, or master…

Nothing contained in this article shall be construed to grant or create a cause of action or right to recover punitive damages. History: (Acts 1987, No. 87-185, p. 251, §9.)

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. History: (Acts 1987, No. 87-185, p. 251, §10.)

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 co…

This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987. History: (Acts 1987, No. 87-185, p. 251, §12.)

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 is paid, the remaining payments shall be made to the estate of the decedent, or as otherwise directed by the court having …

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 6-11-4. History: (Acts 1987, No. 87-183, p. 245, §5.)

This article shall be known and referred to as the “Structured Settlement Protection Act.” History: (Act 2006-628, p. 1714, §1.)

As used in this article the following words and terms shall have the following meanings: (1) ANNUITY ISSUER. An insurer that has issued a contract to fund periodic payments under a structured settlement. (2) DEPENDENTS. A payee’s spouse and minor children and all other persons fo…

Not less than three days prior to the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 points, setting forth all of the following: (1) The amounts and due dates of the stru…

No direct or indirect transfer of structured settlement payment rights shall be effective and no structured settlement obligor or annuity issuer shall be required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the trans…

(a) Following a transfer of structured settlement payment rights under this article: (1) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any and all liability for the transferred payments. (2…

(a) An application under this article for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer mai…

(a) The provisions of this article may not be waived by any payee. (b) Any transfer agreement entered into on or after July 1, 2006, by a payee who resides in this state shall provide that disputes under the transfer agreement, including any claim that the payee has breached the …

This article shall apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after the 30th day after July 1, 2006; provided, however, that nothing contained herein shall imply that any transfer under a transfer agreement reached …

Nothing in this article shall be construed to apply to any settlement under the Alabama Workers’ Compensation Law. History: (Act 2006-628, p. 1714, §9.)

Nothing in this article is intended to, or shall, require or allow the disclosure, publication, or dissemination of the terms of a settlement which is confidential, whether the confidentiality is created by agreement of the parties or by order of the court, or by both. History: (…

Nothing in this article shall be construed to alter or affect the nature, elements, form, or amount of damages recoverable in any action. History: (Acts 1987, No. 87-183, p. 245, §6.)

This article shall not affect the rights of any person if such rights accrued prior to June 11, 1987. History: (Acts 1987, No. 87-183, p. 245, §8.)