21-3A-1Definition of terms.

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 after the damages findings are made;

(4)    "Noneconomic loss," any nonpecuniary harm for which damages are recoverable, but the term does not include punitive or exemplary damages;

(5)    "Past damages," any damages that have accrued when the damages findings are made, including any punitive or exemplary damages allowed by law; and

(6)    "Qualified insurer," any insurer, self-insurer, plan, or arrangement approved pursuant to § 21-3A-12.

Source: SL 1986, ch 163, § 1.




SDLRC - Codified Law 21-3A-1 - Definition of terms.

21-3A-1.1Purposes of chapter.

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 trier of fact finds the losses will accrue; and

(4)    Assure that payments of damages more nearly serve the purposes for which they are awarded.

Source: SL 1986, ch 163, § 15, as added by SL 1988, ch 181, § 1.




SDLRC - Codified Law 21-3A-1 - Definition of terms.

21-3A-1.2Applicability of chapter.

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 based upon contract or tort, and to the professional corporation or corporations of any such practitioner of the healing arts.

Source: SL 1986, ch 163, § 16, as added by SL 1988, ch 181, § 6.