You may not be involved in an accident but once in your life, but that one time could drastically change how you live out the rest of it. Many individuals lose their chance of chasing their dreams and living in the manner they had always desired because of the accident they were involved in. Sometimes they are brought on by our own careless actions but other times, it is the negligence that cause them.
If you have been involved in any sort of accident and have yet to speak with an attorney who specializes in this field, you are going to want to do so soon. There are many ways you can obtain compensation for your injuries and although that won’t heal them, it could bring you some relief.
USAttorneys Will Find You the Best South Dakota Accident Attorney in Your Area
The lawyer you elect to hire is what can make or break a case. Whether you are filing an injury claim against someone or for a certain amount of money, or a lawsuit, then our accident attorneys in SD are the professionals you need to speak with. With the years of experience they possess and the dedication they provide, you will be sure to receive a settlement that can help afford all the accrued medical bills as well as the pain and suffering you have had to endure.
Trauma Hospitals Available in South Dakota
The South Dakota Department of Health understands how serious a traumatic accident can be which is why they have a trauma system in place. Some of the SD designated trauma hospitals include:
Regional Trauma Hospitals (Level II Trauma Centers)
- Avera McKennan Hospital and University Health Center – Sioux Falls
- Rapid City Regional Hospital – Rapid City
- Sanford USD Medical Center – Sioux Falls
These locations have a trauma surgeon and neurosurgery promptly available.
Designated Area Trauma Hospitals (Level III Trauma Centers)
- Avera St. Luke’s Hospital – Aberdeen
- Sanford Aberdeen Hospital – Aberdeen
- Avera Sacred Heart Hospital – Yankton
These facilities have a 24/7 in-house physician coverage of emergency department and an orthopedic surgeon on-call 24/7.
Community Trauma Hospitals
- Avera Queen of Peace Hospital – Mitchell
- Huron Regional Medical Center – Huron
- Madison Community Hospital – Madison
- Mobridge Regional Hospital – Mobridge
- Mary’s Healthcare Center – Pierre
- Spearfish Regional Hospital – Spearfish
- Prairie Lakes Hospital – Watertown
- Winner Regional Healthcare Center Winner
Get the Medical and Legal Assistance You Need Today
After tending to your medical needs, it is essential that you receive your free consultation from one of our reputable South Dakota accident lawyers who may be able to get you the relief you and your family deserve.
South Dakota accident lawyers are instrumental in the recovery of personal injury damages.
South Dakota accident attorneys fight for accident victims’ rights to compensation for injuries and property damage loss under the State laws that provide for payment when an injured party was not at fault, referred to as “damages.” Personal injury attorneys understand insurance companies desires to close out claims quickly as they approach victims with low settlement offers, so it is important to contact legal counsel shortly after an accident.
Various accident-related field experts will assist legal counsel in case strengthening by:
- sending investigators to the accident scene,
- reviewing police reports, witness testimony and medical reports,
- hiring appropriate financial experts to make valuations of loss,
- assessing initial cause of the accident, and
- drafting and filing complicated insurance and legal documents.
Because of an accident’s unplanned nature and its occurrence in every type of venue, victims can become overwhelmed with the tasks to be undertaken afterward.
Time limitations.
Legal action must be commenced within three years for personal injury, one year against a state entity, and within a 180 day notification to a claim against a public entity.
Damages from accidental injuries.
Compensatory damages are an award of money in compensation for actual economic losses, injury, and property damage, not including punitive damages. A South Dakota accident lawyer can explain valuation determinations for auto insurance claims, and other accidents requiring damage compensation. Economic losses include lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic loss includes pain and suffering, loss of consortium, or companionship.
Punitive damages are meant to punish the individual who caused harm, or injury and loss to the victim, and are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, such as driving while impaired.
Damage capitations.
Monetary awards in South Dakota are not capped for economic or non-economic damages in most cases, but there may be deviations depending upon the individual case. Skilled lawyers can assist with legal actions toward allowable fiscal recovery after any motor vehicle, personal injury, premises liability, medical malpractice, or worker’s on-the-job accidental injury.
Motor vehicle.
The United States Department of Transportation Traffic Safety Administration announced in October 2018 that 2017 highway fatality numbers decreased from 2016 but still claimed over 34,247 lives. South Dakota is an “at fault” state and individuals must prove that the other driver was at fault for an accident in order to recover damages, often requiring the assistance of an accident attorney. Drivers are not required to report accidents to the Department of Motor Vehicles, but if the accident resulted in fatality, injury, or property damage of $1,000 or more per person, or a total of $2,000, it is mandatory to inform South Dakota police.
An auto accident attorney can explain South Dakota’s car insurance requirements and how they will affect the recovery of compensation after an accident utilizing the comparative negligence rule, where an individual can still recover damages in a personal injury lawsuit, but the amount of compensation will be reduced by an amount that is equal to their percentage of fault.
Personal injury.
If a person is hurt because of the action, or inaction of another individual, they may be able to recover compensation when fault and/or liability is proven for the resultant harm. The recovery of damages is contingent upon proving that the individual, or entity was negligent, they caused the injury and owed a duty of care to the victim. If a criminal component exists, that legal action may impact the civil case outcome. When personal injury is caused by another’s actions in South Dakota, the statute of limitations gives an individual three years to file a lawsuit from the date the injury occurred, was discovered, or should have been discovered through reasonable care. An attorney can apprise individuals of any deviations from that timeline.
Premises liability.
When an individual is hurt on another person’s property, the victim may take legal action if the injury was caused by poor property conditions, including improper maintenance, upkeep, or unforeseen interactions with occupants on the premises. An invitee may be owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries in many cases.
Medical malpractice.
South Dakota medical malpractice actions occur when a person is injured while under the care of a licensed health care professional. Legal action must be filed within the two year statute for injury, but always check with a medical malpractice attorney to ascertain if there are deviations from that timeline. South Dakota caps medical malpractice non-economic damages at $500,000.
Workers’ compensation.
When a person becomes injured on the job, or contracts an illness that is job-related, they should hire the services of an experienced workers’ compensation attorney, who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical injury, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. A lawyer can deal with the South Dakota Workers’ Compensation Claims Division at the Department of Labor Regulation on a client’s behalf.
Wrongful death.
In South Dakota, family members, or legal representatives must file a wrongful death legal action within three years from the date of the incident that caused an untimely death, in order to secure compensation when a loved one dies because of the negligent, reckless, or deliberate act of another. A South Dakota wrongful death attorney can assist with damage valuations and timelines relevant to a case. Compensation may cover:
- Medical bills and treatment,
- Funeral and burial expenses,
- Lost wages relevant to life expectancy compensation,
- Compensation for pain and suffering,
- Punitive damages based on individual case.
Accident victims should take steps to minimize additional stress by hiring competent legal counsel who can objectively speak on their behalf in a courtroom, and work toward damage recovery.
