One accident is all it takes to change your life forever. A personal injury, however minor or serious, impacts your life and family. You might become permanently disabled, suffer emotional trauma, lose wages, and cope with a lengthy recovery period, permanent scarring, anxiety, stress, and more. The impacts of a personal injury can be devastating and take years to recover from, though for many, full recovery isn’t even possible.
Personal injury lawsuits protect victims by giving them the opportunity to seek justice and compensation. While nothing can undo the accident or the damage it’s caused, recovering funds and seeing the responsible parties held accountable can make a positive difference in your life.
This guide covers a step-by-step overview of filing a personal injury lawsuit in South Dakota, including tips for choosing the right lawyer in Sioux Falls and what to expect from your case.
Alvine Law Firm offers personal injury lawsuit support from an experienced team of attorneys in Sioux Falls, SD. We are always here to listen and help you reach the outcome your case deserves.
Personal Injury Cases in South Dakota
In South Dakota, there are many types of personal injuries a person can experience. These include:
Car Accidents
A car accident can leave you with lifelong physical and emotional damage. The bodily impact may even be minor in some cases compared to the psychological and financial harm you experience. No matter how minor or severe, personal injuries sustained due to a negligent driver deserve compensation.
From speeding accidents to wrong turns, traffic light violations, texting and driving incidents, and road rage accidents, you can work with a personal injury lawyer seeking justice.
Motorcycle Accidents
Motorcyclists in South Dakota deserve protection on the road. At Alvine Law Firm, we are lawyers that ride, and we understand the challenges and risks that motorcyclists face. In many cases, motorcyclists are found responsible for their injuries due to the speed, size, and agility of their bike. But not every biker is responsible for their injuries, and there are laws in place that protect them and their welfare.
Suing a negligent driver after a motorcycle accident can injured victims recover compensation for all the pain and suffering their injury has caused.
Semi-Truck Accidents
Many drivers are harmed due to an intoxicated, drugged, irresponsible driver of a semi-truck. Whether it was due to driving under the influence, being too tired at the wheel, or not following traffic rules, these truck accidents can have devastating consequences. Many cases even result in a wrongful death. At Alvine Law Firm, we handle both personal injury and wrongful death lawsuits related to any type of accident, including ones caused by truck drivers.
Slip-and-Fall Injuries
Did you or a loved one fall because of an obstacle, unmarked wet floor, or other hazard? Many people are left unable to work like they used to or permanently disabled from a slip-and-fall. You can sue for compensation to help recover some of the costs associated with your injury.
Head, Neck, Back, and Spinal Cord Injuries
The devastating consequences of a head or spinal injury can be so severe that someone loses their ability to perform everyday tasks by themselves. Families often pursue legal action on their loved one’s behalf, while other victims seek compensation for the horrible suffering they’ve had to ensure due to someone else’s negligence.
A personal injury lawsuit can cover a wide range of head and spinal injuries, including:
- Broken neck
- Herniated discs
- Traumatic brain injury
- Nerve damage
- Paralysis
Dog Bites
Dog bites can be life-threatening, and they often leave victims suffering from ongoing fear and anxiety around dogs. Some people are so severely injured by a dog bite that they lose fingers or toes, need skin grafts, or have permanent disfigurement. A lawyer from Alvine Law Firm will fight on your behalf with aggressive and persistent legal representation after a dog bite in Sioux Falls.
Statute of Limitations to File a Personal Injury Claim in South Dakota
Most personal injury cases have a three-year statute of limitations in South Dakota (S.D. Codified Law 15-2-14). This means that you have three years from the date of your injury to file a claim. It’s better to act as soon as possible to increase the chance of a good outcome. Waiting too long can make it harder to prove the severity of an injury; and the defendant’s legal team might argue that your injury is not as severe as you claim if it’s taken you a year or more to pursue legal action.
The best thing to do is speak with a lawyer as soon as you are able to. They can provide legal advice and offer you a personalized schedule for filing a claim against the people responsible for your injury.
Comparative Negligence in Personal Injury Lawsuits
South Dakota’s comparative negligence system allows victims of personal injury claims to recover damages when they are partially responsible (S.D. Codified Law 20-9-2). The rule is that you must not be found 50% or more accountable for your injury. A lawyer can help you better understand how the court determines fault and build a strong defense against your own actions to avoid having your personal injury claim dismissed.
Filing a Personal Injury Lawsuit in Sioux Falls: A Step-by-Step Guide
If you or a loved one have been injured in Sioux Falls, these are the steps to file a personal injury lawsuit.
Seek Medical Attention
First and foremost, the victim should receive medical attention from a healthcare provider. Whether they need an ambulance, visit urgent care, or go to their doctor, seeking medical attention offers documentation that can be paramount to winning your claim.
Gather Evidence
Make sure that you keep records of medical documents, such as diagnostic reports and notes written by the tending physicians.
Any type of medical documentation can be used to build a strong case, including X-rays, brain scans, lab work, and diagnostic tests. Bills for treatment, surgery, hospitalization, rehabilitation, and/or home care are also valuable pieces of evidence that prove the losses your injury incurred.
You can also take photos and videos of the injury. In some cases, victims may be able to photograph the site of the accident as well. Police reports can also be used, along with dated and signed witness statements from people who can attest to the pain and suffering your injury caused.
Report the Incident
Filing a police report is a good step in any lawsuit. It can be helpful in insurance claims and help establish a clear timeline for the accident. Police also perform their own investigations to validate information, which can help counter any skepticism or defense that the accused party may bring up in court.
Consult With a Personal Injury Attorney
Working with a lawyer is the best way to avoid making mistakes in your personal injury lawsuit. Filing on your own is a lengthy, difficult process, and without legal representation, it can be hard to prove the severity of your injury or recover the damages you deserve in court.
Even if you decide to file alone, it is advisable to speak with a personal injury attorney in Sioux Falls who can help you understand your rights and move forward with greater confidence.
File a Claim
A lawyer can file a lawsuit on your behalf, negotiate for you, and serve as your confidant throughout the process. They are there to advocate for your justice, using their experience and knowledge of the legal system to counter any disputes in your case.
Negotiate a Settlement or Go to Trial
In many cases, personal injury lawsuits can reach a settlement out of court through mediation or arbitration. If not, then your case can go before a jury in court.
What Is the Trial Process for Personal Injury Claims in South Dakota?
If claimants and defendants cannot reach a settlement, then the case will go to court. A trial date will be assigned, and both sides of the case will present their argument to a jury of their peers. The jury will determine fault and the judge will ultimately determine the compensation in the case.
FAQs
How Long Does it Take to Settle a Personal Injury Claim in South Dakota?
Personal injury claims can take several months to over a year to settle, but it really depends on how strong the case is and how soon it is filed after an injury. When someone files a personal injury lawsuit quickly after an incident and has strong, compelling evidence for their claim, it is much easier to settle the case as quickly as possible.
What Types of Injuries Does a Personal Injury Lawyer Handle in South Dakota?
Personal injury lawyers handle a wide range of injury cases, including slip-and-fall accidents, car accidents, brain injuries, spinal cord injuries, and wrongful death lawsuits.
Does My Personal Injury Case Have to Go to Court?
No, many personal injury cases can be settled through negotiation. A lawyer can help mediate the settlement process and recover damages for their client without going to trial.
Contact the Experienced Team at Alvine Law Firm
If you need help for yourself or a loved one after an injury in Sioux Falls, we want to help. Our compassionate team delivers unwavering support and legal representation for victims and their families.
Please contact us today to schedule a free legal consultation.