§ 29-39-103 — Findings by trier of fact

(a) If liability is found in a civil action, then 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 for each of the following types of damages: (A) Medical and other costs of health care; (B) Other economic damages; and (C) Noneconomic damages; and (2) Any future damages and the periods over which they will accrue for each of the following types of damages: (A) Medical and other costs of health care; (B) Other economic damages; and (C) Noneconomic damages. (b) If the plaintiff claims a catastrophic loss or injury has occurred, and if there is a disputed issue of fact regarding whether such loss or injury has occurred, the trier of fact must make a specific finding of fact, by special verdict, that the loss or injury suffered by the plaintiff is catastrophic as defined in § 29-39-102(d) . (c) The calculation of all future medical care and other costs of health care and future noneconomic losses must reflect the costs and losses during the period of time the claimant will sustain those costs and losses. The calculation for other economic loss must be based on the losses during the period of time the claimant would have lived but for the injury upon which the claim is based. All such calculations of future losses shall be adjusted to reflect net present value.

Legislative History

Amended by 2013 Tenn. Acts, ch. 379, s 1, eff. 5/14/2013. Acts 2011 , ch. 510, § 10.