Need an Injury Lawyer South Dakota
The Mount Rushmore State is not densely populated, but residents and visitors alike frequently suffer serious injuries.
South Dakota is home to Mount Rushmore and Badlands National Park. Whether a person is in the home, at the office, or on the road, unexpected negligence of other parties can result in accidents that profoundly impact the lives of innocent people.
Need an Injury Lawyer South Dakota helps the victims of all kinds of accidents that have caused catastrophic injuries or possibly even the wrongful death of a family member. We work tirelessly to hold negligent parties fully accountable.
Dedicated South Dakota Personal Injury Attorneys
Our experienced personal injury lawyers understand the tremendous financial and physical stress that severe injuries can place on accident victims. We vigorously pursue case resolutions that provide victims with full and fair compensation for all of their medical expenses, lost wages, and other damages.
Need an Injury Lawyer South Dakota represents clients in Sioux Falls, Rapid City, Aberdeen, Brookings, Watertown, Mitchell, Yankton, Pierre, Huron, Vermillion, Spearfish and many surrounding areas. We help both residents of and visitors to these communities.
Our firm provides legal representation on a contingency fee basis, which means that you pay us nothing unless you receive a monetary award.
You will want to contact a personal injury attorney before you speak to a negligent party’s insurance company who will most likely to try to contact you and get you to make some recorded statement about your accident. While representatives for insurers may express seemingly sincere concern about the nature of your injuries, these agents often ask questions specifically designed to get respondents to make very damaging claims about their injuries that are later used to justify reduced compensation.
Need an Injury Lawyer South Dakota can speak to these representatives on your behalf and fight to get you every last penny you are entitled to. If an insurance company is unwilling to provide an adequate settlement that adequately compensates you for all of your past, presents, and future, losses, our firm will not be afraid to file a lawsuit.
Common Types of Accidents in South Dakota
Individuals can sustain severe injuries in any one of many different kinds of accidents. Some of the most frequent cases that Need an Injury Lawyer South Dakota handles include, but are not limited to:
- Car Accidents
- Driving While Under the Influence of Alcohol (DWI or DUI) Accidents
- Motorcycle Accidents
- Commercial Vehicle Accidents
- Uber Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Bus Accidents
- Wrongful Death
South Dakota Personal Injury Laws
South Dakota Code § 15-2-14(3) establishes that actions for personal injury must be commenced within three years of the date of the injury. This three-year time limit is known as the statute of limitations, and a person who does not file a legal action within the statute of limitations is usually unable to hold a negligent party legally liable for his or her injuries.
South Dakota uses a system known as slight/gross negligence comparative fault to determine awards for damages in personal injury cases. Under this system, a person can collect damages only if his or her negligence was slight and the defendant’s was substantial.
A plaintiff’s percentage of negligence is ultimately deducted from his or her final award. For example, a person awarded $10,000 who is found to be 10 percent at fault for his or her injuries would receive $9,000.
Virtually all personal injury actions require a plaintiff to prove the following four elements by a preponderance of the evidence meaning that more than half of the evidence presented supported the plaintiff:
- Duty of Care — The defendant had a legal or moral duty of care to conduct him or herself in a reasonable manner
- Breach — The defendant breached said duty of care to the plaintiff
- Causation — The defendant’s breach directly caused the plaintiff’s injuries
- Damages — The plaintiff suffered physical or financial harm as the result of these injuries
Damages in South Dakota Personal Injury Lawsuits
Personal injury attorneys will often engage in lengthy settlement negotiations with insurance companies because taking a case to court can be another lengthy—and extremely costly—process for both parties. When an insurer proves unwilling to provide an adequate settlement, the personal injury lawyer can file a lawsuit and attempt to determine that the negligent party should be held civilly liable for the damages that the victim suffered.
A personal injury case can involve the plaintiff’s attorney presenting his or her evidence to a jury, who—if it rules in the plaintiff’s favor—can award plaintiffs many different kinds of damages. Generally, damages are either special damages (economic losses) or general damages (non-economic losses).
Special damages are far easier for juries to calculate because they are quantifiable losses. Typical kinds of special damages include medical expenses, lost income, and property damage.
General damages are much more subjective. Non-economic damages can include pain and suffering, loss of consortium, and disfigurement.
When a person suffers catastrophic or fatal injuries as the result of a defendant’s “deliberate disregard for the rights or safety of others,” a plaintiff may be awarded punitive damages. Punitive damages are rarely awarded but are usually done so strictly to punish particular defendants for extraordinarily egregious conduct.
Find a South Dakota Personal Injury Attorney
Need an Injury Lawyer South Dakota serves residents and visitors in communities all over Minnehaha County, Pennington County, Lincoln County, Brown County, Brookings County, Codington County, Meade County, Lawrence County, and Yankton County. Our firm is available 24/7 to take your phone call and help you understand all of your legal rights.
You can take advantage of a free, no-obligation consultation that will allow our experienced personal injury attorneys to provide an honest and thorough evaluation of your case. We are committed to helping you get justice.