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.
Source: SL 1986, ch 163, ยง3.
Structure South Dakota Codified Laws
Chapter 03A - Periodic Payments Of Certain Judgments And Settlements
Section 21-3A-1 - Definition of terms.
Section 21-3A-1.1 - Purposes of chapter.
Section 21-3A-1.2 - Applicability of chapter.
Section 21-3A-3 - Calculation of damages by trier of fact.
Section 21-3A-5 - Judgment entered on verdict requiring special damages.
Section 21-3A-7 - Security authorized for payment of judgment for periodic installments.
Section 21-3A-9 - Discount factor.
Section 21-3A-11 - Satisfaction of judgment and discharge of debtor.
Section 21-3A-12 - Rules established by director of Division of Insurance.