South Dakota Personal Injury & Workplace Accident Lawyers

Understanding Negligence in South Dakota

To succeed in a personal injury case, you must generally prove four legal elements:

1. Duty of Care – The other party had a responsibility to act reasonably (e.g., drivers obeying laws, employers following safety rules).
2. Breach – They failed to meet that duty (e.g., texting while driving, failing OSHA compliance).
3. Causation – Their actions directly led to your injury.
4. Damages – You suffered losses such as medical bills, lost wages, or pain and suffering.

South Dakota also applies a modified comparative negligence rule: you can only recover damages if you are less than 50% at fault. Insurance companies frequently try to argue injured victims share the blame, which makes having an experienced attorney essential.

Personal Injury vs. Workers’ Compensation

If you were hurt on the job, workers’ compensation may cover medical care and part of your wages. However, workers’ comp has limits:

• No payment for pain and suffering
• Wage replacement is partial
• Benefits may end even while you’re still recovering

In some cases, you may also bring a third-party personal injury claim—for example, if a defective piece of equipment caused your injury or if you were hurt in a car crash while working. This is where our dual experience in personal injury and workplace law gives you an advantage. We identify every possible source of compensation so nothing is left on the table.

Steps to Take After an Accident or Work Injury

Your actions after an accident or workplace incident can affect your case. Our attorneys recommend:

• Get medical care immediately – Prioritize health and create a medical record.
• Report workplace injuries – Notify your employer right away in writing.
• Document everything – Photos, witness statements, safety violations, time lost from work.
• Avoid casual statements – Don’t post on social media or give recorded insurance statements without legal advice.
• Call a lawyer quickly – The sooner we investigate, the stronger your case.

South Dakota Personal Injury Infographic

Why Choose Clayborne, Loos & Sabers LLP?

Many firms advertise personal injury services, but clients trust us because of:

• Decades of proven results – Over 60 years combined, millions recovered.
• Local experience – From Rapid City traffic patterns to rural accident dynamics, we know South Dakota.
• Trial readiness – We prepare every case as if it may go to court, which gives us leverage in settlement talks.
• Workplace case strength – Our experience handling job-site injuries means we know how to navigate both comp and personal injury claims.
• Personal attention – You get direct communication, not endless voicemail.
• Recognition – Our lawyers have been featured in Super Lawyers and recognized for litigation excellence.

The Personal Injury & Workers’ Comp Process

1. Free Consultation – We listen to your story, explain your rights, and assess possible claims.
2. Investigation – Collecting police reports, OSHA records, medical documentation, photos, and witness accounts.
3. Filing Claims – With both workers’ comp insurers and third-party insurers, when applicable.
4. Negotiation – Pushing for fair settlement of wages, medical care, and damages.
5. Litigation – Filing suit if insurers refuse to pay fairly.
6. Trial – Presenting your case in court when necessary.

Compensation You May Be Entitled To

Depending on your case, you may recover:

• Medical costs (emergency, ongoing, rehab)
• Lost wages and reduced future earning capacity
• Pain and suffering (only in personal injury claims)
• Disability or disfigurement damages
• Wrongful death benefits for families
• Job retraining or vocational support (workers’ comp)

Challenges in South Dakota Cases

• Strict comparative negligence – recovery barred if 50% or more at fault.
• Deadlines – generally three years for personal injury, two for wrongful death; shorter timeframes apply for workers’ comp claims.
• Rural vs. urban insurance disputes – rural adjusters may undervalue serious medical needs.

Our team anticipates these obstacles and builds strategies to overcome them.

Education & Resources for Injury Victims

• Glossary of Personal Injury Terms – Legal language explained (kept on your page).
• FAQs – Answers about insurance, comp claims, and settlements (kept on your page).
• Accident Map – South Dakota crash and injury resource (kept on your page).
• Types of Personal Injury Cases – Vehicle accidents, workplace incidents, premises liability, wrongful death (kept on your page).

Common Myths

• “Workers’ comp covers everything.” Not true—pain, suffering, and some long-term costs may not be included.
• “If the insurer made an offer, I should take it.” Early offers are often low. A lawyer ensures you’re not underpaid.
• “All cases go to trial.” Many settle out of court, but being prepared for trial strengthens negotiation.

Protect Your Rights

If you’ve been injured in South Dakota—whether in a car crash, at work, or due to unsafe conditions—you don’t have to face the system alone. Contact Clayborne, Loos & Sabers LLP today for a free consultation. We’ll listen to your story, explain your options, and fight for the full compensation you deserve. Available 24/7 – Call us now or submit our online form.

Personal Injury FAQs

When an injury happens because of someone else’s actions, it often leaves people with a lot of questions and uncertainty. At Clayborne, Loos & Sabers LLP, we help clients across South Dakota with cases ranging from car accidents and workplace injuries to falls on dangerous property. Below are some of the most common questions we receive, along with answers designed to give you clarity and direction.

What Is Considered “Pain and Suffering” in a Personal Injury Case?

Pain and suffering refers to both physical pain and the emotional impact of an injury. This can include:

• Chronic pain or long-term discomfort
• Anxiety, depression, or PTSD after an accident
• Loss of sleep or ongoing stress
• Inability to enjoy hobbies, family time, or daily routines

Courts and insurance adjusters look at how the injury has changed your life. For example, if you can no longer work in your chosen profession or enjoy activities you once loved, you may have a claim for pain and suffering.

What If the Insurance Company Denies My Personal Injury Claim?

Insurance companies often deny valid claims to reduce payouts. Common reasons include:

• Claiming your injuries weren’t caused by the accident
• Disputing the necessity of your medical treatment
• Alleging you were partially at fault

If this happens, it’s not the end of your case. Our attorneys gather medical records, accident reports, photos, and witness statements to challenge the denial. Many cases are resolved through negotiation, but we are always prepared to file a lawsuit if that’s what it takes to protect your rights.

Can I Sue for Emotional Distress After an Accident?

Yes. Emotional distress damages can include:

• Ongoing stress, fear, or anxiety
• Depression or loss of enjoyment of life
• Strain on family relationships
• Difficulty concentrating or performing daily tasks

To prove emotional harm, we may use testimony from therapists, family members, or medical professionals. In South Dakota, these claims are often part of a larger personal injury case and can add significant value to a settlement or verdict.

What If I Got Hurt on Someone Else’s Property?

These cases fall under premises liability law. Common examples include:

• Slippery store floors
• Broken stairs or unsafe handrails
• Poor lighting in parking lots or hallways
• Failure to clear snow and ice

To win, we must show the property owner knew or should have known about the hazard and failed to fix it. If their negligence caused your injury, they may be responsible for your medical bills, lost wages, and other damages.

Will My Personal Injury Case Go to Trial?

Most cases in South Dakota settle before trial. However, preparing every case as if it will go to court gives us leverage in negotiations. If the insurance company offers an unfair settlement, we are ready to take the case to trial and present your story before a jury.

How Long Do I Have to File a Personal Injury Claim in South Dakota?

In most cases, you have three years from the date of the injury to file a personal injury lawsuit. Wrongful death claims must usually be filed within two years. Missing these deadlines can prevent you from recovering compensation, so it’s important to contact an attorney as soon as possible.

How Much Does It Cost to Hire a Personal Injury Lawyer?

At our firm, we work on a contingency fee basis. This means you pay nothing up front, and we only collect a fee if we win compensation for you. This ensures everyone has access to strong legal representation, regardless of their financial situation.

What If I’m Partially at Fault for the Accident?

South Dakota follows a modified comparative negligence rule. You can recover compensation as long as you were less than 50% at fault. However, your damages may be reduced by your percentage of fault. For example, if you were found 20% responsible, your award would be reduced by 20%. Insurance companies often exaggerate fault, which is why legal representation is so important.

How Long Will My Case Take?

The timeline depends on the complexity of your case. Some cases settle in a few months, while others may take a year or more if they go to trial. Factors that affect timing include:

• Severity of injuries and length of medical treatment
• Insurance company cooperation
• Whether fault is disputed
• Court scheduling

We keep clients updated at every stage so you always know what to expect.

Legal Support After a Personal Injury Accident

Our firm handles a wide range of injury cases, including car and motorcycle crashes, workplace accidents, and wrongful death claims across South Dakota. If you or a loved one is dealing with the effects of an accident, our team is here to guide you through the next steps. Call us today or submit our online form for a free consultation and learn how our trial-tested attorneys can help.  

The Law Offices of Clayborne, Loos, and Sabers LLP, South Dakota Injury Lawyer

2834 Jackson Blvd Suite 201, Rapid City, SD 57702