Arizona Laws 12-582. Election of periodic payments
A. This article applies to any trial involving a claim for future damages arising out of a medical malpractice action. Any party may elect to receive or pay future damages for economic losses in periodic installments in accordance with this article.
Terms Used In Arizona Laws 12-582
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Future damages: means economic loss and noneconomic loss arising from bodily injury that accrues after trial of a claim under this article. See Arizona Laws 12-581
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
B. The election shall be made pursuant to court rule. Any objection to the election shall be made pursuant to court rule.
C. An election filed by a party claiming or responding to a claim for future damages is effective unless an objecting party shows good cause pursuant to section 12-583 why the trial or arbitration of a claim affecting the party should not be conducted under this article.
D. If an effective election is on file at the commencement of trial, all claims, including third party claims, counterclaims and claims consolidated for trial shall be tried under this article unless the court finds that a separate trial or other proceeding should be held on some or all of the claims that are not the subject of the election.
E. An effective election may be withdrawn only by consent of all parties to the claim to which the election relates.