What are the damages recoverable in a personal injury case?

In South Dakota, damages that are recoverable in a personal injury case depend on the nature and severity of the injury. The law in South Dakota allows for both economic and non-economic damages to be awarded. Economic damages refer to any losses that can be calculated in terms of money. These damages are typically related to medical expenses, lost wages, and property damage. Non-economic damages, on the other hand, are related to intangible losses such as pain and suffering, mental anguish, and loss of enjoyment of life. Under South Dakota law, in order to recover for pain and suffering it is usually necessary to demonstrate that the injury was particularly serious and that the effects will be long-term or permanent. Additionally, there are Damage Caps in place in South Dakota, meaning that the levels of damages recoverable in a personal injury case may be limited. In South Dakota, the Damage Cap applies to non-economic damages such as pain and suffering and is currently $500,000. The Damage Cap does not apply to Economic damages such as medical expenses and lost wages. Finally, in some cases, punitive damages may also be awarded. These are intended to punish the responsible party and are usually awarded only in cases where the responsible party’s behavior was particularly reckless or egregious. Punitive damages are not subject to the damages cap in South Dakota and may be awarded in addition to economic and non-economic damages.

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