REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.6305 Verdict or judgment; specific findings; basis of calculation of future damages.
Sec. 6305.
(1) Any verdict or judgment rendered by a trier of fact in a personal injury action subject to this chapter shall include specific findings of the following:
(a) Any past economic and noneconomic damages.
(b) Any future damages and the periods over which they will accrue, on an annual basis, for each of the following types of future damages:
(i) Medical and other costs of health care.
(ii) Lost wages or earnings or lost earning capacity and other economic loss.
(iii) Noneconomic loss.
(2) The calculation of future damages for types of future damages described in subsection (1)(b) shall be based on the costs and losses during the period of time the plaintiff will sustain those costs and losses. In the event of death, the calculation of future damages shall be based on the losses during the period of time the plaintiff would have lived but for the injury upon which the claim is based.
History: Add. 1986, Act 178, Eff. Oct. 1, 1986
Compiler's Notes:
Section 3 of Act 178 of 1986 provides:
“(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.
“(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.
“(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.
“(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.
“(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.
“(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.”
Notes of Decisions
Cited in
20
cases (
5 in the last 5 years), 1990–2025 · leading case:
Velez v. Tuma, 821 N.W.2d 432 (Mich. 2012).
Velez v. Tuma, 821 N.W.2d 432 (Mich. 2012).
· cites it 6× “Unfortunately, the majority’s method of 19 As will be discussed, MCL 600.6305 requires damages to be separated into economic and noneconomic damages and, accordingly, only amounts paid for like damages should be set off.”
Taylor v. Kent Radiology, PC, 780 N.W.2d 900 (Mich. Ct. App. 2009).
· cites it 4× “See MCL 600.1483(2) (referring to damages for economic loss and damages for noneconomic loss); MCL 600.”
Johnnie F Shinholster v. Annapolis Hosp, 471 Mich. 540 (Mich. 2004).
· cites it 2× “MCL 600.6305(2) provides, in part: In the event of death, the calculation of future damages shall be based on the losses during the period of time the plaintiff would have lived but for the injury upon which the claim is based.”
Weiss v. Hodge, 567 N.W.2d 468 (Mich. Ct. App. 1997).
· cites it 3× “MCL 600.6305; MSA 27A.6305, MCL 600.6306; MSA 27A.”
Heinz v. Chicago Road Inv. Co., 549 N.W.2d 47 (Mich. Ct. App. 1996).
· cites it 2× “Plaintiffs have cited no authority, and we know of none, that compels the result they request. Rather, examining the jury verdict form used in this case, we are convinced that it sufficiently itemized plaintiffs' damages to enable the court to reduce the jury's award by those…”
Dawe v. Dr Reuvan Bar-Levav & Assocs., Pc, 761 N.W.2d 318 (Mich. Ct. App. 2008).
· cites it 4× “Noneconomic damages are defined as "damages or loss due to pain, suffering, inconvenience, physical impairment, physical disfigurement, or other noneconomic loss.”
Dawe v. Dr Reuven Bar-Levav & Assocs., PC, 808 N.W.2d 240 (Mich. Ct. App. 2010).
“MCL 600.6305(1). Future damages are defined to be “damages arising from personal injury which the trier of fact finds will accrue after the damage findings are made .”
Amlotte Ex Rel. Amlotte v. United States, 292 F. Supp. 2d 922 (E.D. Mich. 2003).
· cites it 2× “See Mich. Comp. Laws § 600.6305 . Yet another statute then instructs the trial court as to the manner of computing the judgment amount in light of the verdict award and the evidence of collateral source payments: After a verdict rendered by a trier of fact in favor of a…”
Young v. Nandi, 740 N.W.2d 508 (Mich. Ct. App. 2007).
“6306(3) (which provides for the reduction of a judgment “by an amount equal to the percentage of plaintiffs fault”) and MCL 600.6305(2) (which, in the event of death, provides for “the calculation of future damages .”
Scott v. Illinois Tool Works, Inc, 550 N.W.2d 809 (Mich. Ct. App. 1996).
· cites it 2× “§ 600.6305[2]; M.S.A. § 27A.6305[2]). However, here defendants did not object to the trial court's life expectancy instruction, nor did they elicit any evidence that plaintiff would not have, or could not have, worked until he died.”
— Mich. Comp. Laws § 600.6305(1) — 5 cases
Taylor v. Kent Radiology, PC, 780 N.W.2d 900 (Mich. Ct. App. 2009).
“See MCL 600.1483(2) (referring to damages for economic loss and damages for noneconomic loss); MCL 600.”
Dawe v. Dr Reuven Bar-Levav & Assocs., PC, 808 N.W.2d 240 (Mich. Ct. App. 2010).
“MCL 600.6305(1). Future damages are defined to be “damages arising from personal injury which the trier of fact finds will accrue after the damage findings are made .”
Dawe v. Dr Reuvan Bar-Levav & Assocs., Pc, 761 N.W.2d 318 (Mich. Ct. App. 2008).
“Noneconomic damages are defined as "damages or loss due to pain, suffering, inconvenience, physical impairment, physical disfigurement, or other noneconomic loss.”
— Mich. Comp. Laws § 600.6305(1)(a) — 1 case
Velez v. Tuma, 821 N.W.2d 432 (Mich. 2012).
“Unfortunately, the majority’s method of 19 As will be discussed, MCL 600.6305 requires damages to be separated into economic and noneconomic damages and, accordingly, only amounts paid for like damages should be set off.”
— Mich. Comp. Laws § 600.6305(1)(b) — 3 cases
Velez v. Tuma, 821 N.W.2d 432 (Mich. 2012).
“Unfortunately, the majority’s method of 19 As will be discussed, MCL 600.6305 requires damages to be separated into economic and noneconomic damages and, accordingly, only amounts paid for like damages should be set off.”
— Mich. Comp. Laws § 600.6305(1)(b)(ii) — 2 cases
— Mich. Comp. Laws § 600.6305(2) — 6 cases
Johnnie F Shinholster v. Annapolis Hosp, 471 Mich. 540 (Mich. 2004).
“MCL 600.6305(2) provides, in part: In the event of death, the calculation of future damages shall be based on the losses during the period of time the plaintiff would have lived but for the injury upon which the claim is based.”
Taylor v. Kent Radiology, PC, 780 N.W.2d 900 (Mich. Ct. App. 2009).
“See MCL 600.1483(2) (referring to damages for economic loss and damages for noneconomic loss); MCL 600.”
Dawe v. Dr Reuvan Bar-Levav & Assocs., Pc, 761 N.W.2d 318 (Mich. Ct. App. 2008).
“Noneconomic damages are defined as "damages or loss due to pain, suffering, inconvenience, physical impairment, physical disfigurement, or other noneconomic loss.”
Young v. Nandi, 740 N.W.2d 508 (Mich. Ct. App. 2007).
“6306(3) (which provides for the reduction of a judgment “by an amount equal to the percentage of plaintiffs fault”) and MCL 600.6305(2) (which, in the event of death, provides for “the calculation of future damages .”
— Mich. Comp. Laws § 600.6305(l)(b) — 1 case
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