(1) If liability is found in a trial under this part 2, the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of:
(a) Any past damages for each of the following types:
(I) Medical and other costs of health care;
(II) Other economic loss except loss of earnings;
(III) Loss of earnings; and
(IV) Noneconomic loss;
(b) Any future damages and the period of time over which they will be paid, for each of the following types:
(I) Medical and other costs of health care;
(II) Other economic loss except loss of future earnings which would be incurred for the life of the claimant or any lesser period;
(III) Loss of future earnings which would be incurred for the work life expectancy of the claimant or a lesser period; and
(IV) Noneconomic loss which would be incurred for the life of the claimant or any lesser period.
(2) The calculation of all future damages under subparagraphs (I), (II), and (IV) of paragraph (b) of subsection (1) of this section shall reflect the costs and losses during the period of time, including life expectancy, if appropriate, that the claimant will sustain those costs and losses. The calculation of loss under subparagraph (III) of paragraph (b) of subsection (1) of this section shall be based on loss during the period of time the claimant would have earned income but for the injury upon which the claim is based.
(3) The fact that payment of any judgment will be paid by periodic payments shall not be disclosed to a jury.
Source: L. 88: Entire article added, p. 614, § 1, effective July 1.
ANNOTATION
Law reviews. For article, "Health Care Litigation in Colorado: A Survey of Recent Decisions", see 30 Colo. Law. 91 (Aug. 2001).
The Health Care Availability Act limits the total recovery for all noneconomic loss or injury to $250,000, including any such loss or injury resulting from physical impairment or disfigurement as set forth in § 13-21-102.5. Plaintiffs may not recover for a separate category of damages for physical impairment and disfigurement in addition to the statutory categories set forth in this section. Ledstrom by and through Ledstrom v. Keeling, 10 F. Supp. 2d 1195 (D. Colo. 1998).
This section does not prohibit recovery for physical impairment. Damages for physical impairment are recoverable under the laws of this state as either economic or noneconomic loss and court did not err in instructing jury to determine separately the amount of past damages attributable to any physical impairment and any future damages allocable to any physical impairment. Dupont v. Preston, 9 P.3d 1193 (Colo. App. 2000), aff'd, 35 P.3d 433 (Colo. 2001).
This section requires determination of present value of future damages but does not require presentation of expert testimony as to the calculation of present value. Dupont v. Preston, 9 P.3d 1193 (Colo. App. 2000), aff'd on other grounds, 35 P.3d 433 (Colo. 2001).