Caps on Pain & Suffering Damages in South Dakota After Knowles

By the FigureMyTax Editorial Team · How we calculate

South Dakota has one cap on pain and suffering: malpractice general damages, at $500,000.

The statute

SDCL 21-3-11 provides that in a malpractice action against listed providers, such as physicians, dentists, hospitals, nurses and chiropractors, the total general damages that may be awarded may not exceed $500,000, and there is no limit on special damages.

The cap that was struck

In Knowles v. United States (1996), the South Dakota Supreme Court held that the then-$1 million cap on all malpractice damages was unconstitutional. The Eighth Circuit later described the result as a revived statute with a $500,000 limit on general damages and no limit on special damages.

What counts as general damages

General damages are noneconomic losses such as pain, suffering, mental anguish, loss of enjoyment and disfigurement; there is no cap on economic damages.

No general cap

Outside malpractice, the statute books contain no ceiling on pain and suffering, so the jury decides.

Punitive damages

Punitive damages are available under SDCL 21-3-2 for oppression, fraud or malice, and SDCL 21-1-4.1 requires a court finding by clear and convincing evidence of willful, wanton or malicious conduct before discovery or submission to the jury. Neither statute sets a dollar cap.

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.