S.D. Codified Laws § 21-3A-4

Current through the 2024 Legislative Session

Section 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.

SDCL 21-3A-4

SL 1986, ch 163, § 4.