“FUTURE DAMAGES” DEFINITION S.B. 1068: FLOOR ANALYSIS
Senate Bill 1068 (as reported without amendment)
Sponsor: Senator Philip E. Hoffman
Committee: Judiciary
The bill would amend Chapter 60 of the Revised Judicature Act (RJA), which deals with enforcement of judgments, to specify that “future damages” would mean damages awarded in a civil action that the trier of fact found would accrue after the damage findings were made. “Future damages” currently is defined in Chapter 60 with reference to the definition of that term in Chapter 63 of the RJA, which deals with personal injury verdicts and damages. Under Chapter 63, “future damages” means damages arising from personal injury that the trier fact finds will accrue after the damage findings are made and includes damages for medical treatment, care and custody, loss of earnings, loss of earning capacity, loss of bodily function, and pain and suffering.
Chapter 60 of the RJA provides that interest is allowed on a money judgment recovered in a civil action but that, for complaints filed on or after October 1, 1986, interest is not allowed on future damages from the date the complaint is filed to the date the judgment is entered.
MCL 600.6013 Legislative Analyst: P. Affholter
The bill would have an indeterminate impact on State and local units of government.
Eliminating prejudgment interest for future damages in nonpersonal injury cases would benefit governmental units that could be defendants in these cases.
Date Completed: 9-25-96 Fiscal Analyst: B. Bowerman
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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.