A.R.S. 12-583
Good cause hearing
A. In a hearing held to determine whether good cause exists not to try a claim under this article, the court shall consider the circumstances of the parties and all relevant factors, including, but not limited to:
1. Whether the risk that a lump sum award would be dissipated is insignificant.
2. Whether the amount of future damages is too small or the time over which the payments would be made is too short or the economic savings are not such as to warrant payment in periodic installments.
3. Whether a party responding to a claim for future damages is unable to fund a periodic installment judgment.
B. If the objecting party fails to establish by clear and convincing evidence that good cause exists not to try a claim under this article, the court shall overrule the objection to the election.
C. If the court finds that good cause exists not to try a claim under this article, the court shall set forth in the record the reasons for the finding.
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A.R.S. 12-584
Special findings; future damages
A. If liability is found in a trial conducted under this article, the trier of fact shall make separate findings for each claimant specifying the amount of any:
1. Past damages in a lump sum.
2. Future damages for noneconomic loss in a lump sum.
3. Future damages and the periods over which they will accrue, on an annual basis, for each of the following types:
(a) Costs of health care.
(b) Other economic loss.
B. The findings for future costs of health care of an injured claimant shall reflect the costs and losses during each year the trier of fact finds the claimant will sustain those costs and losses. The findings for other future economic loss of an injured claimant shall be based on the losses that the claimant or beneficiary will sustain over the period of time the claimant or the deceased would have lived but for the bodily injury on which the claim is based.
C. The trier of fact may find that future costs of health care will continue for the duration of the claimant's life, in which case it is not necessary to decide how long the claimant will live. If the trier of fact so finds, the trier of fact shall determine the costs of health care the claimant will incur each year while living.
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A.R.S. 12-585, 12-586
Evidence of future damages (12-585)
A. The calculation for all future economic damages shall reflect future changes in earning power or the purchasing power of the dollar. Future damages shall not be discounted to present value, except pursuant to section 12-589.
B. Unless the court otherwise directs or the parties otherwise agree, the annual amounts for future damages shall be prorated and paid at one month intervals during the year due. Each payment is payable on the first day of the month following its accrual.
Entering a judgment for future damages (12-586)
A. If special findings for future damages are made, the court shall enter judgment pursuant to the following procedures:
1. The court shall apply to the findings of past and future damages any applicable rules of law in calculating the respective amounts of past and future damages each claimant is entitled to recover and each party is obligated to pay.
2. The court shall specify payment of attorney fees and litigation expenses separately from the periodic installments payable to the claimant pursuant to any agreement entered into between the claimant and his attorney. Under a percentage attorney fee contract, unless the contract specifies otherwise, the portion of the fee applicable to the recovery of the periodic installments of future damages is computed by multiplying the fee percentage times the cost of an annuity which would satisfy the funding requirements under sections 12-587 and 12-588.
B. A reduction in installments of future damages made pursuant to this section for payment of attorney's fees shall reduce proportionally all periodic installments for future damages.
C. The court shall enter judgment in lump sum for past damages and for any future damages payable in lump sum or otherwise under this section. The court shall also enter judgment for the payment in periodic installments of the remaining amounts of future damages, without reduction to present value. The periodic installments shall be set forth in the judgment in a schedule that shows the annual amount due in each year the trier of fact has found that losses will accrue. If a finding has been made that costs of health care will continue for the duration of the claimant's life, the judgment shall set forth the finding and the amount of those annual losses.
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A.R.S. 12-587
Funding judgments for periodic installments
A. Each party liable for all or a portion of a judgment containing periodic installments shall provide funding, separately or jointly, for the unpaid installments in a form prescribed in section 12-588. The funding shall be provided not later than the date the judgment is subject to execution or not later than thirty days after the judgment is entered, whichever is later, unless it is superseded or the power to execute on the judgment is otherwise suspended.
B. A liability insurer having a contractual obligation or a person adjudged to have an obligation to pay all or part of a judgment entered for periodic installments is obligated to provide funding to the extent of the contractual or adjudged obligation. In determining if a judgment containing periodic installments for future damages exceeds limits under a liability insurance policy, the installments for future damages in the judgment shall be discounted to present value under section 12-589 to compute the lump sum value. The lump sum value or the cost of an annuity which would satisfy the funding requirement for installments of future damages, whichever is less, must be added to the total of any lump sum damages contained in the judgment for each claimant. The amount so computed shall be compared to applicable limits under the policy.
C. A judgment creditor or successor in interest and any party having rights under subsection E of this section may at any time subsequent to the judgment request the court to find that funding was not provided or maintained with regard to a judgment obligation owing to the requesting party. If the court finds that such funding as required by the judgment was not provided, the court shall order that funding be provided within the time ordered by the court. If such funding as required by the judgment is not provided within the time specified by the court, the court shall compute the lump sum equivalent of the obligation under section 12-589 and enter a judgment for that amount in favor of the requesting party.
D. If a person who is the only person liable for a portion of a judgment for periodic installments fails to provide or maintain funding, the right to a lump sum judgment under subsection C of this section applies only against that person and the portion of the judgment owed.
E. If more than one person is liable for all or a portion of periodic installments ordered by the judgment, and the required funding is provided by one or more but fewer than all of the persons liable, those providing funding may bring an action to satisfy or protect rights of reimbursement from a person not providing funding. If a person who has provided funding seeks to enforce rights for funding against a nonfunding person, the court may order the nonfunding person to indemnify those providing funding for a proportionate share of the cost of the funding provided or of the cost of an annuity as provided in section 12-588 which would satisfy the funding requirement.
F. If funding approved by the court has been provided, the judgment debtor on whose behalf the funding is provided is discharged and any lien against the judgment debtor is released. A liability insurer providing funding that meets the requirements of section 12-588 on behalf of a judgment debtor, to the extent it is obligated to do so under any applicable liability insurance contract, is deemed to have satisfied its duty to pay damages.
G. The court in which a trial is conducted under this article shall retain jurisdiction to enforce the provisions of this section if a judgment for periodic installments is entered.
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