HARRY HUGHES, Governor

2351

FINANCIAL INSTRUMENT, FUNDED IN FULL BY THE DEFENDANT AND EQUAL
WHEN PAID TO THE AMOUNT OF THE FUTURE DAMAGES AWARD. THE COURT
MAY APPOINT A CONSERVATOR FOR THE CLAIMENT TO RESOLVE FUTURE
DISPUTES AS TO EXPENSES CLAIMED.

(C) (1) THE COURT MAY ORDER THAT ALL OR PART OF THE FUTURE
DAMAGES PORTION OF THE AWARD BE PAID IN THE FORM OF ANNUITIES OR
OTHER APPROPRIATE FINANCIAL INSTRUMENTS, OR THAT IT BE PAID IN
PERIODIC OR OTHER PAYMENTS CONSISTENT WITH THE NEEDS OF THE
PLAINTIFF, FUNDED IN FULL BY THE DEFENDANT OR ITS INSURER AND
EQUAL WHEN PAID TO THE AMOUNT OF THE FUTURE DAMAGES AWARD.

(2) IN THE EVENT THAT THE COURT SHALL ORDER THAT THE
AWARD FOR FUTURE DAMAGES BE PAID IN A FORM OTHER THAN A LUMP SUM,
THE COURT SHALL ORDER THAT THE DEFENDANT OR ITS INSURER PROVIDE
ADEQUATE SECURITY FOR THE PAYMENT OF ALL FUTURE DAMAGES.

(3) THE COURT MAY APPOINT A CONSERVATOR UNDER THIS
SUBSECTION FOR THE PLAINTIFF, UPON SUCH TERMS AS THE COURT MAY
IMPOSE, WHO SHALL HAVE THE FULL AND FINAL AUTHORITY TO RESOLVE
ANY DISPUTE BETWEEN THE PLAINTIFF AND THE DEFENDANT OR ITS

INSURER REGARDING THE NEED OR COST OF EXPENSES FOR THE

PLAINTIFF'S MEDICAL, SURGICAL, CUSTODIAL OR OTHER CARE OR

TREATMENT.

(E) (D) IF A PLAINTIFF UNDER THIS SECTION DIES BEFORE THE
FINAL PERIODIC PAYMENT OF AN AWARD IS MADE, THE UNPAID BALANCE OF
THE AWARD FOR FUTURE LOSS OF EARNINGS SHALL REVERT TO THE ESTATE
OF THE PLAINTIFF AND THE UNPAID BALANCE OF THE AWARD FOR FUTURE
MEDICAL EXPENSES AND FUTURE NONECONOMIC LOSSES SHALL REVERT TO
THE DEFENDANT OR TO THE DEFENDANT'S INSURER IF THE INSURER
PROVIDED THE FUNDS FOR THE FUTURE DAMAGES AWARD.

(A) (1) IN THIS SECTION "ECONOMIC DAMAGES" MEANS LOSS OF
EARNINGS AND MEDICAL EXPENSES.

(2) "ECONOMIC DAMAGES" DOES NOT INCLUDE PUNITIVE
DAMAGES.

(B) AS PART OF THE VERDICT IN ANY ACTION FOR DAMAGES FOR
PERSONAL INJURY IN WHICH THE CAUSE OF ACTION ARISES ON OR AFTER
JULY 1, 1986, THE TRIER OF FACT SHALL ITEMIZE THE AWARD TO
REFLECT THE MONETARY AMOUNT INTENDED FOR:

(1)   PAST MEDICAL EXPENSES:

(2)   FUTURE MEDICAL EXPENSES:
(3)     PAST LOSS OF EARNINGS;
(4)      FUTURE LOSS OF EARNINGS;
(5)      NONECONOMIC DAMAGES: AND
(6)      OTHER DAMAGES.