21-3A-5. Judgment entered on verdict requiring special damages.
In order to determine what judgment is to be entered on a verdict requiring findings of special damages under this chapter, the court shall proceed as follows:
(1)The court shall apply to the findings of past and future damages whether determined by the court or jury, any applicable rules of law, including setoffs, credits, comparative fault, additurs and remittiturs, in calculating the respective amounts of past and future damages each claimant is entitled to recover and each party is obligated to pay.
(2)If the total amount of future damages recoverable by a claimant in an action for bodily injury or by all of the beneficiaries in an action for wrongful death is less than two hundred thousand dollars, the court, unless the claimant or beneficiaries elect to receive a judgment of periodic installments, shall reduce the amounts payable for future damages in accordance with §21-3A-9, to determine the equivalent lump-sum value and enter judgment for that amount plus the amounts found for past damages.
(3)If the total amount of future damages recoverable by a claimant in an action for bodily injury or by all of the beneficiaries in an action for wrongful death is two hundred thousand dollars, or more, or the claimant or beneficiaries so elect, the court shall enter judgment as follows:
(a)If a judgment for periodic installments is entered, it shall specify payment of attorney's fees and litigation expenses in a manner separate from the periodic installments payable to the claimant, either in lump sum or by periodic installments, pursuant to any agreement entered into between the claimant or beneficiary and his attorney. If any portion of future damages is payable in advance of the period to which it applies in satisfaction of the agreement, the amount of the damages is subject to discount in accordance with §21-3A-9.
(b)Upon election of a subrogee, including an employer or insurer who provides workers' compensation, filed within the time permitted by rule of court, any part of future damages allocable to reimbursement of payments previously made by the subrogee is payable in lump sum to the subrogee and the appropriate reduction of future damages shall be calculated in accordance with §21-3A-9.
(c)The court shall enter judgment in lump sum for past damages and for any damages payable in lump sum or otherwise under subsections (3)(a) and (3)(b). Any lump-sum payments for future damages reduce proportionately all periodic installments for future damages.
(d)After making any adjustments prescribed by the preceding subsections, the court shall reduce the remaining amounts for future damages to present value in accordance with §21-3A-9 to determine the equivalent lump-sum value. If the equivalent lump-sum value is more than one hundred thousand dollars or the claimant or beneficiaries elect to receive a judgment for periodic installments, the court shall enter a judgment for the payment of the remaining amounts of future damages, without reduction in periodic installments in accordance with §21-3A-1.2, otherwise, the court shall enter a judgment for the equivalent lump-sum value.
(e)In an action for wrongful death, the calculation of the equivalent lump-sum value under subsection (3)(d) of the remaining amounts for future damages shall be based on the total recovery for all beneficiaries of the action. If the lump-sum equivalent of the total is more than fifty thousand dollars, each beneficiary shall be paid in periodic installments in accordance with §21-3A-1.2.
(4)Upon petition of a party before entry of judgment and a finding of incapacity to post the required security, the court, at the election of the claimant or beneficiaries in an action for wrongful death, shall:
(a)Enter a judgment in accordance with subdivision (3); or
(b)Reduce the amounts payable for future damages in accordance with §21-3A-9, unless subdivision 21-3A-8(1) applies, to determine the equivalent lump-sum value and enter judgment for that amount plus the amounts found for past damages.
Source: SL 1986, ch 163, §5; SL 1988, ch 181, §3.
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.