34-20C-6. Types of damages recoverable under §34-20C-4.Any person entitled to bring an action under §34-20C-4 may recover all of the following damages:(1)Economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use;(2)Noneconomic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by a user's use of an illegal drug;(3)Exemplary damages;(4)Attorneys' fees; and(5)Disbursements. Source: SL 1997, ch 203, §7.
South Dakota Legal Code