§ 13-64-205 — Determination of judgment to be entered

(1) In order to
determine what judgment is to be entered on a verdict requiring findings of special
damages under this part 2, the court shall proceed as follows:

(a) The court shall apply to the findings of past and future damages any
applicable rules of law, including setoffs, credits, comparative fault, additurs, and
remittiturs in calculating the respective amounts of past and future damages each
claimant is entitled to recover and each party is obligated to pay. The court shall
preserve the rights of any subrogee to be paid in a lump sum.

(b) The court shall specify the payment of attorney fees and litigation
expenses in a manner separate from the periodic installments payable to the
claimant, either in a lump sum or by periodic installments, pursuant to any
agreement entered into between the claimant or beneficiary and his attorney,
computed in accordance with the applicable principles of law.

(c) The court shall enter judgment in a lump sum for past damages and for
any damages payable in lump sum or otherwise under paragraphs (a) and (b) of this
subsection (1).

(d) After hearing relevant expert testimony, the jury shall determine the
present value of future damages and, except as provided in paragraphs (e) and (f) of
this subsection (1), the court shall enter judgment for the periodic payment of
future damages. The court, in considering evidence of the need for one or more
future major medical proceedings or services, may enter judgment for lump-sum
payment therefor, payable either immediately or at some designated date or dates
in the future.

(e) Upon petition of a party before entry of judgment and a finding of
incapacity to fund the periodic payments, the court, at the election of the claimant
or at the election of the beneficiaries in an action for wrongful death, shall enter a
judgment for the present value of the periodic payments.

(f) The plaintiff who meets the criteria set forth in this subsection (1) may
elect to receive the immediate payment to the plaintiff of the present value of the
future damage award in a lump-sum amount in lieu of periodic payments. In order to
exercise this right, the plaintiff must either:

(I) (A) Have reached his or her eighteenth birthday by the time the periodic
payment order is entered;

(B) Not be an incapacitated person, as defined in section 15-14-102 (5), C.R.S.;
and

(C) Have been provided financial counseling and must be making an
informed decision; or

(II) Be a person under disability who has a legal representative authorized to
take action on his or her behalf, as described in section 13-81-102.

(2) For purposes of paragraph (f) of subsection (1) of this section, legal
representative, person under disability, and take action shall have the same
meanings as provided in section 13-81-101.

Legislative History

Source: L. 88: Entire article added, p. 614, � 1, effective July 1. L. 2000: (1)(f)(II) amended, p. 1833, � 6, effective January 1, 2001. L. 2007: (1)(f) amended and (2) added, p. 172, � 2, effective August 3.