A person who may bring an action under section 2 of this chapter may recover the following damages:

1. (1) Economic damages, including costs for the following:

   1. (A) Treatment and rehabilitation.
   2. (B) Medical expenses.
   3. (C) Loss of economic or educational potential.
   4. (D) Loss of productivity.
   5. (E) Absenteeism.
   6. (F) Support expenses.
   7. (G) Accidents or injury.
   8. (H) Any other pecuniary loss proximately caused by the illegal drug use.

2. (2) Noneconomic damages, including costs for the following:

   1. (A) Physical and emotional pain and suffering.
   2. (B) Physical impairment.
   3. (C) Emotional distress.
   4. (D) Medical anguish.
   5. (E) Disfigurement.
   6. (F) Loss of enjoyment.
   7. (G) Loss of companionship, services, and consortium.
   8. (H) Any other nonpecuniary loss proximately caused by the illegal drug use.
3. (3) Exemplary damages.
4. (4) Reasonable attorney's fees.

5. (5) Court costs, including reasonable expenses for expert testimony.

   [Pre-1998 Recodification Citation: 34-1-70-11(c).]

As added by P.L.1-1998, SEC.19.