§ 29-26-209 — Damages

The claimant may recover for damages caused by the sexual misconduct. Such damages include, but are not limited to: (1) Reasonable economic losses caused by the emotional, mental or physical effects of the sexual misconduct, including, but not limited to: (A) The cost of counseling, hospitalization and any other expenses connected with treating the harm caused by the sexual misconduct; (B) Any payments made to the therapist for treatment; (C) The cost of counseling, hospitalization and any other expenses connected with treating the mental disorder, illness, condition, or symptom for which the patient had sought therapy from the therapist; and (D) Loss of income caused by the sexual misconduct; (2) Pain and suffering caused by the sexual misconduct, including, but not limited to, psychological and emotional anguish; (3) If the victim is dead, the claimant may seek damages for wrongful death where the victim's death is the result of the physical or emotional harm inflicted upon the victim by the sexual misconduct of the therapist; and (4) Punitive damages as otherwise provided by law.

Legislative History

Acts 1995, ch. 463, § 9.