Personal Injury in South Dakota

In order to be compensated for the injury, you must be able to offer proof that the person who injured you acted in a negligent fashion. This means that the person had a duty to act with ordinary care and failed to do so. The careless actions must be the direct cause of your injury.

The state of South Dakota abides by comparative negligence law, which says that if you are responsible for your injury due to carelessness, you will be compensated accordingly to the share of fault you carry. If your share of the fault is smaller than the fault borne by the other individual(s), you may recover your costs. However, there the amount you may recover is dependent on your degree of fault.

If you were injured by a group of negligent people, each person will be required to pay up to twice as much as is dictated by their share of the blame. This only holds true if the person is no more than 49 per cent to blame.

 

South Dakota Personal Injury at a Glance

South Dakota Personal Injury Laws

Statute of Limitations

3 Years
Damages Recoverable Lost wages, future earning ability, property damage, medical expenses, pain and suffering, cost of household help
Strict Liability Product manufacturer may be liable for injuries a consumer product caused
Joint Liability

Each defendant's percentage of fault is taken into account when determining damages if it is disproportionate to other defendants.  Any defendant that is found to be less than 50% at fault will be liable for no greater than double their proportional share of damages.

Contributory Negligence If the plaintiff's share of responsibilty for the injury is found to be minimal, damages are recoverable based on proportion of fault.

Consumer products can cause injuries, as well; if this has happened to you, the product company may be responsible for covering your costs. You will have to present proof that the product had a defect that made it dangerous, that you were using the product in accordance with its accepted use, and that the defect itself was responsible for the injury suffered. You must also prove that you suffered damages.

What is Covered?

Under personal injury law in South Dakota, you may collect money to recover the costs of any medical expenses that were caused by the injury. You can even recover the costs that you currently have and the costs that you expect to incur. You may also collect money if you suffered emotional, mental, or familial distress due to the injury. A personal injury claim can also be filed if property was damaged, if you missed work, or if you had to pay for household services. This includes chores that you were unable to perform during your recovery or due to the injury.

Legal Steps to Take

Protect any evidence you have that pertains to the injury or the resulting damages. This includes clothing that you were wearing when the injury occurred, property that was damaged, and photographic evidence. You must file your claim within three years.

For information about your specific case, contact a South Dakota personal injury lawyer.

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