It doesn’t matter how it happens — a personal injury from any accident can have serious impacts on your health, happiness, family, and finances. When you want to file a personal injury claim in South Dakota, the most important thing to do is document as much as possible. Documentation is the crucial evidence that can make or break a personal injury claim.
At Alvine Law Firm, we represent clients who have suffered all types of personal injuries, ranging slip-and-falls to car accidents, dog bites, and even wrongful death lawsuits. To help clients recover the money they deserve, we help them gather the most valuable evidence to support their claim.
In this guide, we will cover the steps you can take to document a personal injury after an accident.
What Classifies as a Personal Injury in South Dakota?
A personal injury is an injury someone sustains due to the negligence of another person. In South Dakota, a person can be 49% responsible for their personal injury and still recover damages. This is known as the 50% bar rule, and it is a part of South Dakota’s comparative negligence system.
This means that if you are not at least 50% responsible for your injury, you have a legal right to recover damages through settlement or trial.
Personal injuries can include:
- Head, neck, and shoulder injuries
- Spinal cord injuries
- Bone fractures and breaks
- Muscle tears or strains
- Cuts and wounds
- Dog bites
- Slip-and-fall injuries
- Work-related injuries or disabilities
- Wrongful deaths
It does not matter what type of injury a person has; they have a right to take legal action against any responsible party and seek legal compensation in South Dakota.
The Three-Year Statute of Limitations on Personal Injury Claims
South Dakota has a three–year statute of limitations for filing a personal injury lawsuit in most cases (S.D. Codified Law § 15-2-14). This means that a victim has three-years from the date of their injury to file a legal claim against the defendant. This rule also applies to survivors in wrongful death lawsuits.
There are some exceptions to the three-year personal injury statute of limitations. For example:
- Victims of medical malpractice or their surviving family members have two years to file a lawsuit (S.D. Codified Law § 15-2-14.1).
- The victim must provide written notice to any government entity or employee within 180 days of the accident if they intend to sue for damages; the notice must include the cause, time, date, and place of the injury (S.D. Codified Law § 3-21-2).
To support the best possible outcome, consult with a personal injury lawyer in South Dakota as soon as you can. This will ensure you understand your rights and don’t miss critical deadlines to file a lawsuit.
You can schedule a free consultation with Alvine Law Firm by clicking here. Our personal injury attorneys in Sioux Falls, SD, are here to fight for your settlement. Meet the team.
Why Documentation Matters
In personal injury claims, the person suing (the plaintiff) is responsible for providing evidence that proves the person they’re suing (the defendant) is at fault for their injuries. In addition, documentation helps highlight the severity and consequences of the injury, which supports the plaintiff’s claim for a specific settlement amount.
Documentation supports your claim and, more importantly, serves as proof that you have suffered an injury and losses. These could be economic damages, like medical bills and lost wages from missing work, and non-economic damages, such as pain and suffering or trauma from the accident that caused your injury.
Keeping detailed documentation will help you build a strong claim that ultimately helps you recover as much as you fairly can.
The Impact of Personal Fault in South Dakota Personal Injury Claims
Even if you are partially at-fault for your injury, you can still recover damages. South Dakota’s comparative negligence system will calculate each party’s responsibility in an injury and deduct the plaintiff’s fault as a percentage from their settlement (S.D. Codified Law 20-9-2).
Personal Injury Documentation: Immediately Following the Injury
The first thing you should do is seek medical attention. If you can, call the police and file a police report. Medical evaluation plays an important role in supporting any personal injury claim, and it is important to make sure you get yourself any care you need following an accident.
Rather than downplay the severity of an injury, seek a professional opinion. Keep documentation of any bills you receive, as well as test results from X-rays, bloodwork and any other diagnostic assessments.
Take Photographic Evidence
Take photos of your injury as soon as you can. Take photos in bright lighting from the front, back, and sides to get as much detail as possible captured on camera. You can also take a short video highlighting the injury. You could state your legal name, the date, and time in the video as well to further support its role as evidence in your case.
Ongoing Medical Treatment
Many people who suffer personal injuries need continued medical treatment to recover. This can include corrective surgeries, prescription medication, therapies, rehabilitation, and assistive devices.
Keep copies of all medical bills you incur as a result of your injury. It can also be helpful to write a separate, itemized list that details every service and cost, including:
- X-rays, MRIs, and other imaging tests
- Lab work
- Emergency medical care
- Appointments with medical specialists
- Follow-up appointments with your physician
You should also keep records of correspondence with healthcare staff, such as messages between you and a doctor about your injury, emails, or phone calls. Request copies of your medical records and progress notes to further detail the extent, duration, and severity of your injury.
Personal Documentation
Personal documentation can also be supportive evidence in a case.
Injury Diary
An injury diary is a personal log of pain levels, symptoms, and impacts from your injury with the date and time. This diary can help you keep a log of how your injury affects you on a daily basis, including its impact on your mobility, mental health, and quality of life.
Missed Work and Lost Income
You can also keep a log of how much work your injury causes you to miss. Calculate lost wages from the date of your injury, and keep any correspondence between you and your employer regarding your injury and missed work.
Lifestyle Changes
Note changes to your life as a result of your injury, including any changes to your routine, hobbies, exercise levels, and social activities. Recording statements from family members and friends can also support your claim. Be sure to include the date and time of any statements loved ones provide.
Eyewitness Statements and Expert Testimonies
If you can, interview eyewitnesses from the event and ask for a written account of the accident from their perspective. If witnesses consent to being recorded, you could also have them provide a video testimony.
Eyewitness statements are most valuable when they take place shortly after the event. In South Dakota, eyewitness statements are permissible in court even if they are not corroborated (S.D. Codified Law 19-19-406.)
Expert testimonies are written reports from professionals like doctors and physical therapists. They can further substantiate your personal injury claim due to the professional’s expert-level knowledge and insight into the injury.
Seeking Legal Representation
Working with a personal injury attorney in South Dakota can help you navigate the complexities of the legal system. They can offer their time, experience, and skill to help you build a strong case and recover the compensation you deserve.
Alvine Law Firm has helped clients recover millions of dollars in settlements and benefits. If you would like to schedule a free consultation, please contact us to request a meeting with a personal injury lawyer in Sioux Falls, SD.
References
Codified Law 15-2 | South Dakota Legislature
Codified Law 19-19 | South Dakota Legislature