21-3A-4. Evidence and calculation of future damages--Jury instructions concerning future damages.
In all trials under this chapter, evidence of future damages shall be expressed in current values and those damages shall be calculated by the trier of fact without regard to future changes in the earning power or purchasing power of the dollar.
In all jury trials in which special damages findings are required under this chapter, the jury shall be informed that with respect to future damages:
(1)The law provides for adjustments to be made later to take account of future changes in the purchasing power of the dollar;
(2)The law takes into account the fact that those payments may be made in the future rather than in one lump sum now; and
(3)The jury will make their findings on the assumption that appropriate adjustments for future changes in the purchasing power of the dollar will be made later.
Source: SL 1986, ch 163, ยง4.
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.