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6-11-1
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 to Sections 6-5-391
and 6-5-410, the damages assessed by the factfinder shall be itemized as follows: (1) Past
damages. (2) Future damages. (3) Punitive damages. The factfinder shall not reduce any future
damages to present value. Where the court determines that any one or more of the above categories
is not recoverable in the action, those categories shall be omitted from the itemization.
(Acts 1987, No. 87-183, p. 245, §1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-11-1.htm - 1K - Match Info - Similar pages
6-5-543
Section 6-5-543 Damages against health care provider to be itemized; future damages over $150,000
to be paid by periodic payments over period of years; judgment to specify payment terms; requirement
to post security or provide evidence of insurance; future damages not to be reduced to present
value; attorney's fees; termination of periodic payments; contempt of court upon continuing
pattern of failure to make payments; modification of judgment; legislative intent. (a) In
any action for injury or damages whether in contract or in tort against a health care provider
based on a breach of the standard of care the damages assessed by the trier of fact shall
be itemized as follows: (1) Past damages, (2) Future damages, (3) Punitive damages. The trier
of fact shall not reduce any future damages to present value. If the trial court determines
that any one or more of the above categories is not recoverable in the action, that category
or categories shall be omitted from the itemization. (b)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-543.htm - 9K - Match Info - Similar pages
11-47-191
Section 11-47-191 Institution of actions, entry, and execution of judgments against municipalities
and other persons or corporations jointly liable. (a) The injured party, if he institutes
a civil action against the municipality for damages suffered by him, shall also join such
other person or persons or corporation so liable as defendant or defendants of the civil action,
and no judgment shall be entered against the city or town unless judgment is entered against
such other person or corporation so liable for such injury, except where a summons is returned
not found as to a defendant or when judgment is entered in his favor on some personal defense,
and if a civil action be brought against the city or town alone and it is made to appear that
any person or corporation ought to be joined as a defendant in the action according to the
provisions in Section 11-47-190, the action shall be dismissed, unless the plaintiff amends
his complaint by making such party or corporation a defendant,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-47-191.htm - 2K - Match Info - Similar pages
2-17-31
Section 2-17-31 Admissibility of evidence of violations of chapter or regulations promulgated
thereunder in civil actions for damages against persons, firms, etc., subject thereto. It
shall be competent evidence in any civil action brought for damages against any person, firm
or corporation regulated by this chapter to prove that such person, firm or corporation has
violated any term or provision of this chapter or any regulation promulgated under this chapter
where such act or failure to act is proximately related to the injury or loss for which damages
are claimed, but proof of any acts or failure to act which may constitute a violation of any
term or provision of this chapter or of any regulation promulgated under this chapter shall
not constitute prima facie proof of negligence in any such action against the party sought
to be charged with damages. (Acts 1969, No. 1049, p. 1939, §31.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/2-17-31.htm - 1K - Match Info - Similar pages
6-5-502
Section 6-5-502 Limitation periods for product liability actions. (a) All product liability
actions against an original seller must be commenced within the following time limits and
not otherwise: (1) Except as specifically provided in subsections (b), (c), and (e) of this
section, within one year of the time the personal injury, death, or property damage occurs;
and (2) Except as specifically provided in subsections (b), (c), and (e) of this section,
each element of a product liability action shall be deemed to accrue at the time the personal
injury, death, or property damage occurs; (b) Where the personal injury, including personal
injury resulting in death, or property damage (i) either is latent or by its nature is not
discoverable in the exercise of reasonable diligence at the time of its occurrence, and (ii)
is the result of ingestion of or exposure to some toxic or harmful or injury-producing substance,
element or particle, including radiation, over a period of time as opposed...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-502.htm - 5K - Match Info - Similar pages
6-5-544
Section 6-5-544 Recovery of noneconomic losses; limitation of such losses; mistrial if jury
advised of limitation. (a) In any action for injury whether in contract or in tort against
a health care provider based on a breach of the standard of care, the injured plaintiff and
spouse upon proper proof may be entitled to recover noneconomic losses to compensate for pain,
suffering, inconvenience, physical impairment, disfigurement, loss of consortium, and other
nonpecuniary damage. (b) In no action shall the amount of recovery for noneconomic losses,
including punitive damages, either to the injured plaintiff, the plaintiff's spouse, or other
lawful dependents or any of them together exceed the sum of $400,000. Plaintiff shall not
seek recovery in any amount greater than the amounts described herein for noneconomic losses.
During the trial of any action neither the court nor any party shall advise or infer to the
jury that it may not return an award for noneconomic losses in excess of an...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-544.htm - 1K - Match Info - Similar pages
22-6-6
Section 22-6-6 Subrogation of state to rights of recipients of medical assistance under program
against persons, etc., causing injury, etc., thereto; manner of enforcement of rights of state;
effect of action by state or recipient against person, etc., causing injury, etc., upon rights
of other; provision of written notice, etc., by recipients instituting civil actions for damages.
(a) If medical assistance is provided to a recipient under the Alabama Medicaid Program for
injuries, disease or sickness caused under circumstances creating a cause of action in favor
of the recipient against any person, firm or corporation, then the State of Alabama shall
be subrogated to such recipient's rights and shall be entitled to recover the proceeds that
may result from the exercise of any rights of recovery which the recipient may have against
any such person, firm or corporation to the extent of the actual amount of the medical assistance
payments made by the Alabama Medicaid Program. The...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-6-6.htm - 2K - Match Info - Similar pages
6-5-572
Section 6-5-572 Definitions. For the purposes of this article, the following terms shall have
the meanings respectively ascribed to them by this section: (1) LEGAL SERVICE LIABILITY ACTION.
Any action against a legal service provider in which it is alleged that some injury or damage
was caused in whole or in part by the legal service provider's violation of the standard of
care applicable to a legal service provider. A legal service liability action embraces all
claims for injuries or damages or wrongful death whether in contract or in tort and whether
based on an intentional or unintentional act or omission. A legal services liability action
embraces any form of action in which a litigant may seek legal redress for a wrong or an injury
and every legal theory of recovery, whether common law or statutory, available to a litigant
in a court in the State of Alabama now or in the future. (2) LEGAL SERVICE PROVIDER. Anyone
licensed to practice law by the State of Alabama or engaged in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-5-572.htm - 3K - Match Info - Similar pages
18-1A-52
Section 18-1A-52 Bond for damages caused by entry. (a) An order permitting entry under Section
18-1A-51 shall include a preliminary assessment by the circuit court of the probable amount
that will fairly compensate the owner and any other person in lawful possession or physical
occupancy of the property for damages for physical injury to the property, and for substantial
interference with its possession or use, found likely to be caused by the entry and activities
authorized by the order, and shall require the condemnor other than the state to enter into
bond in double the amount of such preliminary assessment, with good and sufficient sureties,
to pay such damages as the property owner or other person in lawful possession or physical
occupancy of the property may sustain. The bond must be given before entry is made. (b) Unless
sooner disbursed by agreement or court order, the amount of the bond sufficient to cover the
damages sustained shall be paid to those determined by the circuit...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/18-1A-52.htm - 2K - Match Info - Similar pages
32-10-1
Section 32-10-1 Duties of driver involved in motor vehicle accident; removal of vehicle from
roadway. (a) The driver of any motor vehicle involved in an accident resulting in injury to
or the death of any person, or in damage to a motor vehicle or other vehicle which is driven
or attended by any person, shall immediately stop such vehicle at the scene of such accident
or as close thereto as possible and shall then forthwith return to and in every event shall
remain at the scene of the accident until he or she has fulfilled the requirements of Section
32-10-2. Every such stop shall be made without obstructing traffic more than is necessary.
(b) If the accident does not involve any apparent injury or the death of a person and the
driver is not impaired, the driver may immediately move the vehicle from the roadway to the
shoulder, emergency lane, median, or other location close to the accident site if the vehicle
is drivable and can be safely moved from the roadway and shall forthwith...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-10-1.htm - 2K - Match Info - Similar pages
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