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Car Accident Lawyer Rapid City, SD
Car accident lawyer Rapid City, SD victims turn to for support, are well aware of the devastation that follows a car accident. There can be substantial damages that can affect a person’s entire life. In some cases, the damages can be extensive and might include financial losses, physical pain, injuries, property damage, and more. The process can be incredibly overwhelming and challenging to manage on your own. Our lawyer at The Law Offices of Clayborne, Loos & Sabers LLP is prepared to help you take the proper steps to manage your car accident case.
How Clayborne, Loos, and Sabers LLP Can Help
Navigating a car accident claim can be complex, especially when dealing with insurance companies and legal procedures. At Clayborne, Loos, and Sabers LLP, we offer comprehensive legal support to ensure you receive the compensation you deserve. Here’s how we assist our clients:
- Thorough Case Evaluation: We assess the details of your case to determine the potential value of your claim.
- Medical Consultation: We work with medical professionals to document the extent of your injuries and necessary treatments.
- Negotiation with Insurance Companies: Our experienced attorneys handle all communications and negotiations with insurance companies, aiming to secure a fair settlement.
- Litigation: If a fair settlement cannot be reached, we are prepared to take your case to court to fight for your rights.
Steps to Take if You Have Been in a Car Accident
Navigating the moments, weeks, and even months following a car accident can be challenging to manage, especially for victims who have been injured. Know that should it be in your best interest to take legal action, you must take the proper steps to treat your injuries, care for yourself, and protect your medical claim. The following are recommended steps to take following a car accident:
- Step 1: Get Yourself to Safety – If you are able, immediately following the accident, you will want to get yourself out of harm’s way. This is critical to ensure that a second accident does not occur, which could only result in further damage.
- Step 2: Call 911 – Report the Accident to 911 to ensure that an ambulance and law enforcement is called to the scene. Police will play a critical role as they will investigate the accident and generate a police report. Be aware that the police will also want to interview you. Our car accident lawyer serving Rapid City, SD, will tell you that it’s vital that you not admit fault of any kind as this could be damaging to your claim.
- Step 3: Seek Medical Care – There are a variety of ways that an accident victim could be injured, while some may be minor, other injuries could be incredibly severe. In some cases, damages may be apparent at the scene. However, keep in mind that following an accident, your adrenaline will be pumping, and you might not notice that you have injuries until later. Seeking medical care can be lifesaving in diagnosing and treating both apparent and underlying injuries. Also, medical care will provide a key piece of evidence for your legal claim.
- Step 4: Begin Collecting Evidence – A successful case will require that all of the elements to personal injury are present. Evidence will play an essential role in proving your accident case and may include:
- Your account of the Accident
- Photographs/Videos of the Accident
- Driver’s Information
- Medical Documentation
- Witness Testimony
- Step 5: Follow Doctor’s Orders – Once your doctor has diagnosed and treated your injuries. They will likely have recommendations for follow up care; this might include additional doctor’s appointments, physical therapy, home care, and more. Failing to follow your doctor’s advice may appear to the insurance company that your accident is not as severe as you made it out to be. Recommendations are essential for your recovery, and they also will play a role in a successful outcome for your case.
- Step 6: Contact a Car Accident Lawyer – While contacting a lawyer may seem like an obvious next step, to get the legal guidance you deserve, you must act as quickly as possible. Personal injury cases have stringent timeframes, and in South Dakota, the statute of limitations is three years. We can help by reviewing your case, strategizing the next steps, and ensuring that you can maximize the compensation you are entitled to.
Common Causes of Car Accidents
Car accidents injure thousands of people every year and are usually preventable. If you were recently hurt in a vehicle collision, you should speak to a car accident lawyer Rapid City, SD residents trust about your legal options. You may be entitled to receive compensation. Here are some of the most common causes of car accidents:
- Driver Fatigue: It is very dangerous for people to get behind the wheel if they haven’t had enough rest. Drowsy drivers may have trouble focusing on the road ahead and even fall asleep behind the wheel. Drivers who are yawning excessively or drifting in and out of lanes should pull over to a safe spot immediately.
- Distracted Driving: To avoid accidents, drivers should always have their full attention on the road ahead. Unfortunately, there are many tempting distractions that drivers have to try to resist. For example, if drivers hear that they received a text message, they may be tempted to reach for their smartphone and answer the text. However, this takes both their eyes and attention off the road, increasing the risk of an accident. Other distractions include eating and drinking, changing radio stations, grooming and using a GPS.
- Speeding: Drivers are more likely to drive above the speed limit if they’re in a hurry to get somewhere. However, speeding is one of the most common causes of car accidents. Speeding reduces a driver’s ability to stop their vehicle quickly in an emergency situation. Driving at high speeds also increases the severity of the crash. People should always leave a little early so that they aren’t pressured to speed.
- Drunk Driving: As a car accident lawyer in Rapid City, SD can confirm, many car accidents are caused by drunk driving. Alcohol impairs a driver’s ability to concentrate and can lower reaction times, increasing the risk of an accident. Those who have had too much to drink should always let a designated driver take over the wheel. People who spot drunk drivers should not hesitate to call the police.
- Defective Vehicle Parts: Malfunctioning vehicle parts, such as bad brakes, can also increase the risk of an accident. It is critical for drivers to maintain their vehicles to avoid accidents like these.
- Tailgating: Sometimes drivers may follow the vehicle ahead of them too closely because they are in a hurry to get somewhere. However, if the vehicle in front of them stops suddenly, they won’t have enough time to hit their brakes, causing a rear end accident. To avoid this, drivers should always stay a few car lengths behind the vehicle in front of them.
Types of Damages in South Dakota Car Accident Claims
When involved in a car accident in South Dakota, understanding the types of damages you can claim is crucial for receiving fair compensation. At Clayborne, Loos, and Sabers LLP, we are dedicated to helping you navigate the complexities of car accident claims. Here, we outline the primary types of damages you may be entitled to claim.
1. Economic Damages
Medical Expenses Medical expenses often constitute the largest portion of economic damages. These include costs for emergency room visits, hospital stays, surgeries, medications, rehabilitation, and any ongoing medical treatments related to the accident.
Lost Wages If the accident caused you to miss work, you could claim compensation for lost wages. This includes the income you would have earned during the period you were unable to work due to your injuries.
Property Damage You are entitled to compensation for the repair or replacement of your vehicle and any other personal property damaged in the accident.
Future Medical Costs and Lost Earnings In cases of severe injuries that require long-term care or result in a permanent disability, you can claim future medical expenses and loss of earning capacity.
2. Non-Economic Damages
Pain and Suffering Pain and suffering damages are intended to compensate for the physical pain and emotional distress caused by the accident and its aftermath. This can include chronic pain, depression, anxiety, and any impact on your overall quality of life.
Loss of Enjoyment of Life If your injuries prevent you from participating in activities you once enjoyed, you may be entitled to damages for the loss of enjoyment of life.
Loss of Consortium Spouses of injured individuals may claim loss of consortium, which compensates for the loss of companionship, affection, and support due to the injuries.
3. Punitive Damages
In rare cases where the defendant’s conduct was particularly egregious or reckless, punitive damages may be awarded. These are intended to punish the wrongdoer and deter similar behavior in the future.
Reasons to Hire a Car Accident Lawyer in an Auto Accident in South Dakota
If you were recently injured in a vehicle collision, you might wonder if you should hire a car accident lawyer Rapid City, SD residents trust. While you’re not required to retain legal counsel for a car accident case, it’s highly recommended. Here are some good reasons to hire a car accident lawyer.
- Know the True Value of Your Claim
If you don’t have a legal background, you likely don’t know how to properly value your car accident claim. Therefore, you may be tempted to accept the insurance company’s first settlement offer. That’s why it’s so important to have an experienced attorney on your side. He or she dealt with similar cases in the past and will know the true value of your claim. Your lawyer will consider all the potential losses you experienced from the accident when calculating the value, such as your past and future medical bills, lost wages and pain and suffering.
- Communicate with the Insurance Company
Communicating with the defendant’s insurance company can be very intimidating. They’re in the business of making money and may try to pressure you into accepting their first offer. If you hire a car accident lawyer in Rapid City, SD, you won’t have to worry about talking to the insurance company. Your lawyer will know how to speak with insurance companies and won’t let them take advantage of you.
- Reduce Stress
When you’re dealing with an injury, you don’t need the added stress of handling your own car accident claim. Your car accident lawyer will take care of all the legwork, including filling out the paperwork and gathering evidence, so you can relax. You can use this time to properly recover from your injury.
- Avoid Costly Mistakes
Dealing with a car accident injury can be a very emotional process. The various emotions you feel might cloud your judgment, causing you to make poor decisions. For example, you might be tempted to accept a settlement offer too soon or write about your case on social media. Your car accident lawyer is there to offer objectivity and prevent you from making mistakes that can potentially jeopardize your case.
- Represent You in Court
While the majority of car accident cases get settled out of court, some of them go to trial. If the insurance company won’t offer you a fair settlement, it may be in your best interest to go to court. In this situation, it’s especially important to have a skilled car accident lawyer in Rapid City, SD on your side. He or she will present a strong argument to the jury and improve your chances of winning your case.
Rapid City Car Accident Infographic
Rapid City Car Accident Law FAQs
What Should I Do Immediately After a Car Accident in Rapid City?
First, ensure your safety and the safety of others. Call 911 to report the accident and seek medical attention, even if you feel fine. Exchange information with the other driver(s) and gather evidence, such as photos and witness contact details. Contact Clayborne, Loos, and Sabers LLP as soon as possible to discuss your legal options.
How Long Do I Have to File a Car Accident Claim in South Dakota?
In South Dakota, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident. For property damage, you have six years. It’s crucial to act promptly to ensure you don’t miss these deadlines.
What Types of Compensation Can I Claim After a Car Accident?
You can claim economic damages such as medical expenses, lost wages, and property damage. Non-economic damages include pain and suffering, loss of enjoyment of life, and loss of consortium. In rare cases, punitive damages may also be awarded.
How Is Fault Determined in a South Dakota Car Accident?
South Dakota follows a comparative negligence rule, meaning that fault can be shared among parties. Your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, your compensation will be reduced by 20%.
Do I Need a Lawyer for a Minor Car Accident?
Even for minor accidents, it’s wise to consult with a lawyer. Hidden injuries and long-term effects might not be immediately apparent. An experienced attorney at Clayborne, Loos, and Sabers LLP can help you understand your rights and ensure you receive fair compensation.
How Much Does It Cost to Hire a Car Accident Lawyer at Clayborne, Loos, and Sabers LLP?
At Clayborne, Loos, and Sabers LLP, we work on a contingency fee basis for car accident cases. This means you pay no upfront fees, and we only get paid if we win your case. Our fee is a percentage of the settlement or verdict we obtain for you.
Rapid City Car Accident Lawyers
Contact Our Rapid City Car Accident Lawyers Today!
If you’ve been injured in a car accident in South Dakota, don’t navigate the legal process alone. Contact Clayborne, Loos, and Sabers LLP today for a free consultation. Our dedicated team is here to provide the guidance and support you need to achieve the best possible outcome for your case.
The Law Offices of Clayborne, Loos & Sabers LLP are recognized for providing our clients with the support and care they need during what may be one of the most challenging times. With over 60 years of combined legal experience, our team is prepared to help you navigate your case so that you can focus on your recovery. Call today to schedule a consultation with our Rapid City, South Dakota car accident lawyer.
LOCATIONS SERVED
South Dakota
Rapid City, SD
Sturgis, SD
Spearfish, SD
Deadwood, SD
Black Hills, SD
Case Results
$4,999,257
Arbitration award for wrongful termination of contract; upheld on appeal; Spiska v. SPM Thermo-Shield, 730 N.W.2d 683 (SD 2007)
$1,250,000
Policy limits settlement involving bi-lateral lower leg fractures caused by head-on collision.
$690,000
Settlement regarding spousal assault
$500,000
Policy limits settlement for traumatic brain injury and vision deficits as a result of motor vehicle accident
$400,000
Settlement for insurance bad faith related to wrongful denial of workers compensation benefits
$300,000
Verdict for traumatic brain injury from motor vehicle accident
$160,000
Settlement for assisted living resident injured while being transported to medical appointment
$100,000
Settlement for fall at assisted living center
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“I witnessed Holly in trial she won our case for us, I was very impressed by her she was very professional and her demeanor was amazing. She has the greatest personality and she truly wants the best for her clients. I will come to her for all of my legal issues. Thank you Holly for giving our family justice.” Lauren Sewell