S.D. Codified Laws § 21-3A-3

Current through the 2024 Legislative Session

Section 21-3A-3 - Calculation of damages by trier of fact

If liability is found in a trial under this chapter, the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of:

(1) Any past damages; and

(2) Any future damages and the periods over which they will accrue, on an annual basis, for each of the following types:

(a) Medical and other costs of health care;

(b) Other economic loss; and

(c) Noneconomic loss.

The calculation of future damages for types (a) and (c) described in subdivision (2) of this section shall be based on the costs and losses during the period of time the claimant will sustain those costs and losses and the calculation for type (b) shall be based on the losses during the period of time the claimant would have lived but for the injury upon which the claim is based.

SDCL 21-3A-3

SL 1986, ch 163, § 3.