Updates and Allocation to Past Damages

Updating an Award is accomplished through an element's index number and 'Recall'. This places the element parts in the work area. An element can be corrected merely by changing any component(s), and using 'Add' and 'Apply'.

If the first payment date for an element is in the past, a portion of the Award amount can be allocated to past damages, as will any taxes applicable to past lost or impaired earnings. After 'Recall' and 'Add', the option exists to allocate based on the number of months since the first payment date.

The process treats the past period as a separate element, the amount is calculated along with any applicable COLA, and the user can choose

There is a minor variant that permits adjustment to discrete payments for past damages. An amount can be entered, the number of events adjusted and the next payment date set.

Collateral Source offsets are allocated in a similar manner. After selecting Collateral Source from the Award list and the individual offset, the details of the offset will be listed. The option exists to allocate based on the number of months since the first payment date.

If taxes are applied to lost or impaired earnings, their allocation to past damages follows the allocation of lost or impaired earnings. If the option to reduce the amount of taxes associated with Lost or Impaired Earnings by the tax effect of the offset is employed, that tax impact will also be allocated along with the offset. In addition, any past maintenance costs will be incorporated into past damages.