(a) Damages may be either general or special, direct or consequential.
(b) In any civil action, whether in tort or in contract, for the recovery of damages arising from a tortious injury in which special damages are sought to be recovered or evidence of same is otherwise introduced by the plaintiff, evidence of all compensation, indemnity, insurance (other than life insurance), wage loss replacement, income replacement, or disability benefits or payments available to the injured party from any and all governmental or private sources and the cost of providing and the extent of such available benefits or payments shall be admissible for consideration by the trier of fact. The trier of fact, in its discretion, may consider such available benefits or payments and the cost thereof but shall not be directed to reduce an award of damages accordingly.
Section: 51-12-1 51-12-2 51-12-3 51-12-4 51-12-5 51-12-5.1 51-12-6 51-12-7 51-12-8 51-12-9 51-12-10 51-12-11 51-12-12 51-12-13 51-12-14 NextLast modified: October 14, 2016