Periodic Payment Statute

Periodic Payment Statute

Periodic Payment Statute

Periodic payment statutes allow a court to order future damages paid in installments, frequently with security requirements and provisions terminating payments on death.

They apply principally to medical malpractice judgments.

Alternative Names:

Periodic Payment, Structured Judgment Statute

Why it Matters?

Termination on death is the provision that most affects exposure, since a large future care award for a claimant with limited life expectancy ends rather than being paid in full to an estate. That makes periodic payment substantially more favorable to defendants than a lump sum for the same nominal amount. Invoking the statute requires a timely request, and the security or annuity requirements need planning before judgment.

Frequently asked questions

Why do periodic payments favor defendants?

Why do periodic payments favor defendants?

Because payments frequently terminate on death, so a large future care award for a claimant with limited life expectancy is not paid in full.

What planning does the statute require?

What planning does the statute require?

A timely request before judgment and arrangements satisfying the security or annuity requirements the statute imposes.