Title 21, JUDICIAL REMEDIES

If security is posted in accordance with § 21-3A-8 and approved under a final judgment entered under this chapter, the judgment is satisfied and the judgment debtor on whose behalf the security is posted is discharged. Source: SL 1986, ch 163 , § 11.

The director of the Division of Insurance shall establish rules: (1) For determining which insurers, self - insurers, plans, or arrangements are financially qualified to provide the security required under this Act and to be designated as qualified insurers; (2) To require insure…

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

In order to invoke this chapter, a party to an action for bodily injury shall make an effective election in accordance with this section within one hundred twenty days after service of the complaint. The election shall be made in accordance with rules of court. Any objection to t…

If liability is found in a trial under this chapter, the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of: (1) Any past damages; and (2) Any future damages and the periods over which they will accrue…

In all trials under this chapter, evidence of future damages shall be expressed in current values and those damages shall be calculated by the trier of fact without regard to future changes in the earning power or purchasing power of the dollar. In all jury trials in which specia…

In order to determine what judgment is to be entered on a verdict requiring findings of special damages under this chapter, the court shall proceed as follows: (1) The court shall apply to the findings of past and future damages whether determined by the court or jury, any applic…

A judgment for periodic installments shall set out: (1) The findings of the future damages for each calendar year; and (2) A schedule of the base figure for each calendar year to be used in calculating future payments. The base figure is determined by discounting the findings for…

Security authorized or required for payment of a judgment for periodic installments entered in accordance with this chapter shall be in one or more of the following forms and approved by the court: (1) Bond executed by a qualified insurer; (2) Annuity contract executed by a quali…

If the court enters a judgment for periodic installments, each party liable for all or a portion of the judgment, unless found to be incapable of doing so under subdivision 21-3A-5(4), shall separately or jointly with one or more others post security in an amount equal to the pre…

If future damages are determined in accordance with § 21-3A-4 but are ordered to be paid in advance of the period to which they apply, or base figures are required under § 21-3A-6 , the court shall apply a discount factor of three percent, compounded annually. Source: SL 1986, ch…