M Civ JI 53.03A Future Damages (Personal Injury Action) - Reduction to Present Cash Value

If you decide that plaintiff is entitled to an award of future damages, you should award the full value of future damages as you determine them. You should not reduce any award of future damages to present cash value.

Note on Use

This instruction is for use in personal injury actions. MCL 600.6306; 1986 PA 178, § 3. In personal injury actions, the trial judge, rather than the jury, is required to calculate the reduction of future damages to present cash value using the statutory rate of 5 percent per year, compounded annually, for each year in which those damages accrue. MCL 600.6306(2). Pursuant to MCL 600.6311, future damages awarded to a plaintiff who is 60 years of age or older at the time of judgment are not reduced to present value. Pursuant to 2012 PA 608, MCL 600.6306 does not apply to medical malpractice actions where the cause of action arose after March 28, 2013. Those actions are governed by MCL 600.6306a.

History

This instruction was added April 1, 2004. Amended September 2022.