Title 21 — JUDICIAL REMEDIES
76 chapters · 1,083 sections in this title.
SDCL § 21-3A-1 Definition of terms
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Terms used in this chapter, mean: (1) "Bodily injury," any bodily harm, sickness, disease, or death; (2) "Economic loss," any pecuniary harm for which damages are recoverable; (3) "Future damages," any damages arising from bodily injury which the trier of fact finds will accrue a…
SDCL § 21-3A-1.1 Purposes of chapter
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The purposes of this chapter are to fully and fairly compensate injured parties as well as to: (1) Alleviate some of the practical problems incident to unpredictability of large future losses; (2) Effectuate more precise awards of damages for actual losses; (3) Pay damages as the…
SDCL § 21-3A-1.2 Applicability of chapter
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The provisions of this chapter apply only to any action against a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts for malpractice, error, mistake or failure to cure, whether bas…
SDCL § 21-3A-10 Survivorship of liability for installment payments--Wrongful death action--Qualifying survivor defined
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In all cases covered by this chapter in which future damages are payable in periodic installments, the liability for payment of any installments for medical or other costs of health care or noneconomic loss not yet due at the death of a person entitled to receive these benefits t…
SDCL § 21-3A-11 Satisfaction of judgment and discharge of debtor
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If security is posted in accordance with § 21-3A-8 and approved under a final judgment entered under this chapter, the judgment is satisfied and the judgment debtor on whose behalf the security is posted is discharged. Source: SL 1986, ch 163 , § 11.
SDCL § 21-3A-12 Rules established by director of Division of Insurance
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The director of the Division of Insurance shall establish rules: (1) For determining which insurers, self - insurers, plans, or arrangements are financially qualified to provide the security required under this Act and to be designated as qualified insurers; (2) To require insure…
SDCL § 21-3A-13 Provisions of chapter severable
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If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…
SDCL § 21-3A-2 Action for bodily injury--Effective election--Objection to election--Time requirements--Action not tried under chapter--Withdrawal of election
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In order to invoke this chapter, a party to an action for bodily injury shall make an effective election in accordance with this section within one hundred twenty days after service of the complaint. The election shall be made in accordance with rules of court. Any objection to t…
SDCL § 21-3A-3 Calculation of damages by trier of fact
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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…
SDCL § 21-3A-4 Evidence and calculation of future damages--Jury instructions concerning future damages
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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 specia…
SDCL § 21-3A-5 Judgment entered on verdict requiring special damages
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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 applic…
SDCL § 21-3A-6 Judgment for periodic installments--Adjustment--Index factor--Schedule of payments
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A judgment for periodic installments shall set out: (1) The findings of the future damages for each calendar year; and (2) A schedule of the base figure for each calendar year to be used in calculating future payments. The base figure is determined by discounting the findings for…
SDCL § 21-3A-7 Security authorized for payment of judgment for periodic installments
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Security authorized or required for payment of a judgment for periodic installments entered in accordance with this chapter shall be in one or more of the following forms and approved by the court: (1) Bond executed by a qualified insurer; (2) Annuity contract executed by a quali…
SDCL § 21-3A-8 Posting of security by judgment debtor or insurer--Failure to comply--Right to lump - sum payment--Wrongful death action--Right of reimbursement
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If the court enters a judgment for periodic installments, each party liable for all or a portion of the judgment, unless found to be incapable of doing so under subdivision 21-3A-5(4), shall separately or jointly with one or more others post security in an amount equal to the pre…
SDCL § 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)
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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…