South Dakota Injury Lawyer

Compensation for Injury Victims

There are many different damages that your injury lawyer may decide to file for in your case. Some of the most common include damages for your medical bills and damaged property, but there are other things your lawyer may choose to file for. Some of the most common include:

• Compensation for past, present, and future medical bills. It is important that you are given damages for all of the medical bills you will have to pay for because of the accident. It is easy to figure out what you have already paid, but you surely need an experienced injury lawyer to help calculate what future bills you should expect to pay due to your injuries. Your lawyer may speak to your medical professionals and others to determine what your future looks like in this regard. He or she may even call them in as an expert witness in court to offer evidence on why you deserve the amount your lawyer is filing for.
• Compensation for damaged property from the accident. This includes a vehicle if your injury case is about a car accident, anything that you had on your person that was damaged, and more.
• Compensation for lost wages due to missed work. You should not be punished if you were unable to work because you were injured in an accident that shouldn’t have happened in the first place. You deserve to be compensated for what you missed, and future lost wages if you will be unable to perform the same tasks at your job. If your injury happened at work, you may discuss workers’ compensation with your injury lawyer.
• Finally, you could potentially file damages for pain and suffering. It is not always something lawyers choose to seek in a case, but if your accident was particularly traumatic you may file damages for this as well.

Your injury lawyer will know what a judge may or may not find favorable in your case. This is why it is so important to hire an injury lawyer in South Dakota if you are considering filing for compensation. Not only will your lawyer know how to go about the entire thing, but he or she will likely get you much greater compensation than you would on your own. This is because your lawyer will know how to calculate the future damages you may be eligible to receive as well as extra damages that you should file for in your case.

What to Do After a Car Accident

In the blink of an eye, your regular commute is turned upside-down. You find yourself involved in a car accident. Worse yet, maybe you feel pain or a ringing in your ears. To add insult to injury, you could be hurt.

Car wrecks can cause some pretty serious harm. That is why it is important to take action if you find yourself hurt. Clayborne, Loos, & Sabers LLP understand how overwhelming these types of injuries can be. That is why an injury lawyer in South Dakota can help you find out if you are owed compensation for your car wreck injuries.

Sometimes, seconds can determine how bad your injury will worsen. That is why it is important to call 911 right away after a car accident. A dispatcher can coordinate an emergency medical response. If needed, emergency personnel can get you to a hospital as quickly as possible.

You should still see a doctor even if injuries are not immediately apparent. For example, whiplash or a concussion can present symptoms hours after the initial injury. Set up an appointment with your medical provider as soon as you can after a car accident. Getting treatment quickly can help you heal faster.

Always keep copies of your medical records after your appointment. It doesn’t matter if you were seen in a hospital or by your primary care provider. These medical records provide important information about diagnosis and treatment. This information can be important for insurance claims. They can also be needed if you find yourself interested in filing a personal injury claim.

Proving Negligence in an Injury Case

In the realm of personal injury law, proving negligence is the cornerstone of securing justice and compensation for victims. At The Law Office of Clayborne, Loos, and Sabers, LLP, our seasoned team of injury lawyers in South Dakota is deeply committed to advocating for those who have suffered due to others’ carelessness. Understanding the intricacies of proving negligence is crucial for any claimant seeking redress for their injuries. Herein, we elucidate the fundamental aspects of negligence and how our firm navigates these legal waters on behalf of our clients.

The Concept of Negligence

Negligence, in legal terms, refers to the failure to exercise the level of care that a reasonably prudent person would under similar circumstances. This concept is predicated on the assumption that individuals have a duty to act in a manner that prevents harm to others. When this duty is breached, and harm results, the groundwork for a negligence claim is established.

The Four Elements of Negligence

For a negligence claim to be successful, four critical elements must be proven: duty of care, breach of duty, causation, and damages. Our injury lawyers in South Dakota meticulously gather evidence and craft arguments to demonstrate each of these elements:

• Duty of Care: We begin by establishing that the defendant owed a duty of care to the plaintiff. This duty varies depending on the relationship between the parties and the situation but generally implies a responsibility to avoid causing harm.
• Breach of Duty: Next, we must prove that the defendant breached this duty of care. A breach occurs when the defendant’s actions or lack thereof fall short of the expected standard of care. This could manifest as reckless driving, failing to maintain safe premises, or not providing adequate warnings about potential dangers.
• Causation: Establishing causation involves linking the breach of duty directly to the injuries sustained by the plaintiff. It must be shown that, but for the defendant’s negligence, the plaintiff would not have been injured. This often requires expert testimony to illustrate how the defendant’s actions led to the incident.
• Damages: Finally, we demonstrate that the plaintiff suffered actual damages as a result of the breach. These damages can be physical, emotional, or financial and include medical bills, lost wages, pain and suffering, and more.

Gathering and Presenting Evidence

At The Law Office of Clayborne, Loos, and Sabers, LLP, we understand that the strength of a negligence claim hinges on the quality of evidence presented. Our injury lawyers in South Dakota employ a comprehensive approach to evidence gathering, which includes:

• Documenting Injuries: Medical records are pivotal in demonstrating the extent of the injuries and their impact on the plaintiff’s life.
• Accident Reconstruction: We often work with specialists to reconstruct the incident, providing a clear picture of how the defendant’s negligence caused the injury.
• Witness Testimonies: Eyewitness accounts can bolster a claim by offering corroborative details about the incident.
• Expert Opinions: Experts in various fields may be called upon to provide insights into the causation and the extent of damages suffered.

Proving negligence is a nuanced process that demands a thorough understanding of the law and a strategic approach to litigation. At The Law Office of Clayborne, Loos, and Sabers, LLP, our injury lawyers in South Dakota are equipped with the knowledge, skills, and resources needed to navigate these complex legal proceedings. We are dedicated to ensuring that victims of negligence receive the compensation and justice they deserve, holding accountable those whose careless actions have caused harm. Our commitment to our clients is unwavering, as we tirelessly work to protect their rights and interests throughout the legal journey.

Common Types of Injury Cases 

Injuries are a part of life, and while some are minor there are the ones that require you to have extra help. There are also the ones that require you to bring in a lawyer to help you. We’ve created a list of these types of injuries for you to help you see if you need to talk to a lawyer today. Some of the most common types are as follows:

• Motor Vehicle Accidents

Each year millions of people are injured in a motor vehicle accident. If you have been injured in a motor vehicle accident as either the driver, passenger, or even as a pedestrian you may have a claim. Our experienced lawyers will help you walk through your rights and through the legal process if you have a claim to help you get the compensation you need.

• Medical Malpractice

When faced with medical malpractice claims you have suffered from the negligence of doctors, nurses, hospitals, or other medical professionals. This can lead to serious injury or even death if not caught sooner. Some of the most common forms of medical malpractice are improper treatment, misdiagnosis, surgical errors, medication mistakes, pharmacy errors, and birth injuries.

• Wrongful Death

As the name implies this describes when someone has been killed due to someone else’s carelessness. Most cases arise from motor vehicle accidents, nursing home neglect, medical malpractice, or the use of dangerous products that weren’t labeled correctly. While we can’t bring your loved one back, what we can do is help you get financial compensation to help cover the costs.

• Workplace Accidents

This type of injury is just what the same says it is. For those with more dangerous jobs, it can come with the territory but that doesn’t mean you don’t have a claim. If you have suffered an injury due to the negligence of your employer for not having the proper safety then you could have a claim.

• Other Common Types of Injuries

There are many other types of injury claims, and the list could go on for a while if we listed them all. Other claims include nursing home abuse or neglect, aviation or boat accidents, dog bites, and other catastrophic accidents and injuries.

South Dakota Injury Infographic

South Dakota Injury FAQs

What types of injury accidents need a lawyer?

Again not all accidents are going to require a personal injury lawyer however if you have suffered a serious injury that resulted in a permanent disability or changed how your daily life is lived, you cannot work because of the serious injuries you received, or you are facing heaps of medical expenses because of your injury, then you may have a case the requires a lawyer.

What is considered a wrongful death?

Because wrongful death is considered federally to be the act of negligence or wrongful actions towards another person, which results in their death, this is the same across all states. If somebody dies in a car accident and you are deemed responsible for that car accident, then you will be held liable for their wrongful death, however it can also happen because of construction or even the negligence of a doctor or healthcare provider. There are different wrongful death cases and there are different statute of limitations for these cases. Any injury lawyer in South Dakota can give you the information you require to know if you have a case like this.

What is the statute of limitations for bringing a wrongful death claim forth in South Dakota?

South Dakota law states that wrongful death lawsuits have to be brought before the court within three years of the death, there are exceptions to this rule such as medical malpractice cases which only have a date of two years from the wrongful act or negligence regardless of when that death occurred. Your injury lawyer is going to tell you about the statute of limitations as it applies to your wrongful death or personal injury case, because exceptions do exist and it is important that you make your case by the deadline.

How much does it cost to hire a personal injury lawyer?

You do not have to pay a large sum of money when you hire a personal injury lawyer. Most personal injury lawyers work on a contingency fee basis. A contingency fee is only assessed if the personal injury lawyer you hire recovers a settlement or judgment on your behalf. You do not have to pay any fees or costs associated with your case if your personal injury lawyer does not recover any money for you.

A personal injury lawyer will take a fee of the overall settlement amount you receive. If your case goes to trial and a judge enters a judgment order in your favor then the personal injury lawyer will take a percentage of the overall judgment amount as payment. The amount of this percentage varies across different jurisdictions but it is typically 33 percent of the overall judgment or settlement.

Why should I hire a personal injury lawyer?

Personal injury lawyers specialize in personal injury cases involving different types of accidents. Some lawyers specialize in real estate law or criminal defense law. When you hire a personal injury lawyer you are hiring a legal professional who has knowledge and experience related to personal injury law. If you hired a lawyer without any personal injury experience you will not recover the financial compensation you deserve.

Experienced and knowledgeable personal injury lawyers know how to negotiate with insurance companies, order medical records, and conduct depositions. Most trial lawyers who focus on personal injury law understand how to interact with juries and present the facts of your case in the best light possible. You want to hire a lawyer with experience conducting personal injury cases.

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

2834 Jackson Blvd Suite 201, Rapid City, SD 57702

Contact Our South Dakota Injury Lawyer Today

Contact the Law Offices of Clayborne, Loos, and Sabers LLP today to learn more about the legal services we offer. You can schedule a free consultation during which we can discuss the facts of your case. Retaining a personal injury lawyer can help you protect your legal rights while fighting for the monetary compensation you deserve.