Severity and the Pain & Suffering Multiplier

By the FigureMyTax Editorial Team · How we calculate

In South Dakota the biggest limit on a high multiplier is the slight-negligence rule, not a dollar cap.

What moves the multiplier

• Permanence. A fully healed fracture supports a lower multiplier than a lasting impairment.
• Future treatment. Ongoing therapy, surgery or medication pushes toward the high end.
• Disfigurement. Permanent visible changes tend to be valued more heavily.
• Daily life. Documented loss of work, activity or family care strengthens the case.
• Documentation. Records, a pain journal and photos make a higher multiplier easier to justify.

The fault gate

Contributory negligence does not bar recovery when it was slight in comparison with the negligence of the defendant, and damages are then reduced in proportion to the plaintiff's negligence. If it is not slight, recovery is barred.

No percentage to point to

The same statute says the determination of whether the plaintiff's negligence is slight is made without disclosing any percentage of fault by special interrogatory, so you cannot count on a 50% line.

Joint liability

Under SDCL 15-8-15.1, a party allocated less than 50% of the total fault may not be jointly liable for more than twice its percentage of fault.

Prejudgment interest

Prejudgment interest is available on past economic damages, but not on pain and suffering or other intangible damages.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how South Dakota's rules apply to your specific case with a licensed South Dakota attorney.