Title 51, Chapter 12, Section 1
( 51-12-1)
(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. |