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
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.
Proving Negligence
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.
Different Kinds of Compensation in Personal Injury Cases
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.
Where Do Personal Injuries Take Place
If you have suffered a serious injury, then you need to go to the doctor as quickly as possible. That way, you can maximize your prognosis. Then, you may want to reach out to an injury lawyer in South Dakota, such as a member of Clayborne, Loos, & Sabers LLP. You may be entitled to compensation if your injury is the result of someone else’s actions or negligence. Where do personal injuries happen?
Car Accidents
A personal injury could take place in a motor vehicle accident. For example, someone could run into you if they are intoxicated while driving. Or, someone may not have performed proper maintenance on their vehicle, increasing the chances of causing a car accident. Someone may also make the decision to drive while tired, causing them to fall asleep behind the wheel. As a result, you may suffer serious injuries in a motor vehicle collision.
In the Workplace
When you leave your house in the morning to go to work, you probably do not expect to suffer an injury. Unfortunately, workplace accidents happen from time to time, and a serious injury could result. For example, if your company does not perform proper maintenance on the equipment, it may not work appropriately. As a result, you may suffer a serious injury. Or, there could be a slick spot on the floor, causing you to slip and fall. If you have suffered a workplace accident, you may want to trust an injury lawyer in South Dakota to help you.
Common Office Injuries
If you’ve experienced office work, you should know about carpal tunnel syndrome, which is a painful and debilitating injury caused by poor ergonomics, especially if you spend a lot of time typing every day. Carpal tunnel syndrome is caused by excessive and prolonged pressure pinching the nerves on the bottom of your wrist, and if left untreated, it can prevent you from carrying out your day-to-day tasks, both inside and outside the workplace.
Thoracic outlet syndrome
is another injury that can result from long periods of deskwork. When you spend a lot of time hunched over a keyboard, you can actually compress the blood vessels between your ribs and your collarbones, resulting in recurring shoulder pain and even numbness in your fingers.
Like carpal tunnel syndrome, thoracic outlet syndrome can be prevented by proper ergonomics and taking the necessary breaks from your desk – but if this hasn’t been an option for you in your office, you might want to reach out to an injury lawyer in South Dakota. Your management should provide the necessary safeguards against these types of injuries, and they should even take steps to avoid minor accidents.
Slip and falls
can happen anywhere, whether you’re at work or just running some errands. However, if your workplace has insufficient lighting or improperly stowed cables, it can lead to some bumps and bruises that should have been avoided. Improper or weak lighting can also cause eye strain and migraines: While it’s not as attention-grabbing as an injury on an industrial job site, it deserves just as much attention and care.
Physical Assault
Finally, if you have been physically assaulted, you may have suffered a serious injury. This could include internal bleeding, a traumatic brain injury, or a bone fracture. This is one of the most common types of personal injuries, and you need to report the accident to the police. Then, rely on a personal injury lawyer who can help you seek compensation that can cover the cost of your medical expenses.
What Are Catastrophic Injuries
A catastrophic injury is one that permanently and significantly alters your life. It can affect your ability to move, take care of yourself, get around, go to work, or participate in activities that you enjoy. There are several different types of catastrophic injuries. An injury lawyer in South Dakota at the firm of Clayborne, Loos, & Sabers may be able to help you recover damages after an accident.
Accidental Amputation
An amputation is the removal of a part of the body. Arms and legs, hands and feet, fingers and toes are all examples of parts that can be amputated. Sometimes amputation is performed surgically in a hospital as part of the treatment for a medical condition. However, it can also occur due to an accident, such as a car accident or a crush injury. In this case, because the amputation doesn’t happen under controlled circumstances, it can be much more painful and also complicated by blood loss and other factors. It is often not possible to save the limb, which means you have to learn to go through life without it.
Spinal Cord Injuries
Common causes of spinal cord injuries include sports injuries, falls, workplace accidents, motor vehicle accidents, and intentional violent acts. A spinal cord injury can result in paralysis, or an inability to move parts of the body. Depending on the extent of the damage, the paralysis can be either partial or complete. Complete paralysis results when the spinal cord is completely severed, and there is no way to reverse it.
Traumatic Brain Injuries
Because the brain controls all the other functions of the body, damage to any part of it can be catastrophic. As with spinal cord injuries, if the damage to brain cells is significant enough, they cannot heal completely. Different neural cells in the brain are highly specialized to do specific jobs. Therefore, the symptoms of a TBI may vary based on where the damage occurs. An injury lawyer in South Dakota can make the case that you deserve damages for what you have lost as a result of your TBI.
Burn Injuries
While superficial burns are not serious, injuries that extend down beneath the outermost layer of skin can be extremely damaging. A second- or third-degree burn can send the body into hypovolemic shock. Lacking the protection that your skin provides against pathogens, you may be more susceptible to infections. You may require surgical skin grafting to treat your wounds, and the scar tissue can be disfiguring and may be permanent.
An injury lawyer in South Dakota at Clayborne, Loos, & Sabers can explain your legal options in relation to your injury.
Injured While on Someone Else’s Property
Every personal injury is different, and it’s up to you and your South Dakota injury lawyer to get all the facts together to build an effective case. An injury is more than just painful: It can ruin your future and throw your life into complete chaos. Medical bills, doctors’ appointments, the list goes on – and chances are you won’t be able to clock in to work as usual either. This makes life even more stressful: How will you pay for rent or make car payments if your income suddenly dries up?
Many people assume they should just let their insurance cover their damages, but sometimes insurance isn’t very accommodating. And in some incredibly severe cases, the victims of injury may be left to pay out of pocket for their medical care and lost wages. At Clayborne, Loos & Sabers LLP, we don’t think that should happen. Read on to see a few examples of premises liability, and learn what that may mean for your personal injury case.
Slipping and Falling at a Business:
Slip and falls happen anywhere, and they’re one of the most common types of personal injury. Unfortunately, many people are unaware of how serious these minor injuries can be. All too often, an innocent victim of a slip and fall discovers they have a serious injury that can be traced back to a minor accident. Slipping on an unmarked wet floor at a restaurant is one of the most common examples of a slip and fall, and an injury lawyer in South Dakota can help you get the compensation you deserve if this has ever happened to you.
Performing Work at Someone’s House:
Premises liability doesn’t only affect commercial property. For example, you could be a construction contractor inspecting a building for a client when the stairs give out underneath you. You take a nasty fall, and next thing you know, you’re in the hospital. The owner of the house had a responsibility to warn you about the potential danger. Did they neglect this responsibility? It might be time to reach out to Clayborne, Loos & Sabers LLP.
Dog Bites:
Personal injury lawyers often handle dog bite cases as well. While a dog might not count as premises, it does count as property – and if someone’s dog bites you and you need to get stitches, you shouldn’t be paying out of your own pocket. You and your lawyer can go over the details of your case to determine whether the dog was improperly leashed or restrained, and you may be able to sue for damages.
What To Do When Injured in 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.
Get Help
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.
Go To a Doctor
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.
Retain Medical Records
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.
Find Out if a You Can File a Personal Injury Claim
A personal injury claim can be filed when one person suffers an injury that another person is legally responsible for. Sometimes, injuries from car accidents can qualify. For example, another driver wasn’t paying attention and caused the car accident that resulted in your injury.
There can be other situations where an at-fault party caused your injuries in a car wreck. Contacting an injury lawyer in South Dakota can help you understand if your situation could qualify. If it does, a lawyer from Clayborne, Loos, & Sabers LLP can help you navigate what could come next.
Injuries can take a while to heal. This healing time can cut into your employment and quality of life. A personal injury claim can help you get the compensation you are owed.
Don’t Hesitate to Contact a Lawyer
There are many different variables to consider when you’ve been involved in an accident on someone else’s property. Did they fail to keep you safe when you were in their business? Should they have warned you about any potential hazards on their property? It’s important to contact a lawyer who can go over the details of your case with you so you know who is responsible for your injuries, and who should be paying for your recovery.
When it comes to personal injury, it’s best to seek legal help as soon as possible. Get in touch with Clayborne, Loos & Sabers LLP today, and see how an injury lawyer in South Dakota can help you get the compensation you deserve.
If you are in a personal injury accident in South Dakota, you might wonder what kind of personal injury lawyer you need for your personal injury case. Not all accidents are going to require a personal injury lawyer, however, hiring an injury lawyer may help prevent you from having stress for you and your family, especially financially. However, on the off chance that you are injured in a way that requires a personal injury lawyer, you should look into hiring personal injury lawyers such as the ones available at
The Law Offices of Clayborne, Loos & Sabers LLP.
Below, we are going to discuss some of the most commonly asked questions about South Dakota law as it pertains to personal injuries. You should be able to ask your
injury lawyer in South Dakota any of these questions and they should have an answer for you.
South Dakota Injury Law FAQs
What types of injury accidents need a personal 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.
Reach out to an injury lawyer in South Dakota today if you have a personal injury, and you have more questions than we’ve answered here. There are many more questions to be asked about personal injury law in South Dakota, and your personal injury lawyer in South Dakota is going to be able to help you answer those questions and get the help that you need to receive your maximum amount of compensation for your injury.
Retaining a personal injury lawyer in South Dakota after an accident can be stressful and intimidating. However, you do not have to feel overwhelmed regarding your search for legal representation. Serious bodily injury can affect you financially, physically, and emotionally. Also, you can suffer professional setbacks as a result of your injuries. If you are suffering from these problems you should consider hiring a personal injury lawyer today.
At the Law Offices of Clayborne, Loos, and Sabers LLP we have knowledge and experience regarding many different areas of personal injury law. Our lawyers can help you and your family obtain the financial compensation you deserve. If you have questions regarding your personal injury case contact the Law Offices of Clayborne, Loos, and Sabers LLP today to schedule a free consultation. You can also call the office at 605-453-4400 to learn more about the legal services we offer.
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 Lawyer Who Specializes In Personal Injury Law?
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.
Contact The Law Offices of Clayborne, Loos, and Sabers LLP Today To Schedule A Free Consultation
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.
The Law Offices of Clayborne, Loos, and Sabers LLP – South Dakota Law Firm
2834 Jackson Blvd Suite 201
Rapid City, SD 57702
