Personal Injury Lawyer Rapid City, SD

Personal Injury Claim Denials

When you or a loved one experiences the unfortunate event of a personal injury, it can be overwhelming. The situation becomes even more stressful when your personal injury claim is denied. It’s important to understand why this may happen and what steps you can take next.

Common Reasons for Claim Denial

Firstly, let’s explore some common reasons why personal injury claims get denied:

• Lack of Evidence: If there’s insufficient evidence to support your claim, insurance companies may deny it.
• Dispute Over Liability: Sometimes, the insurer may argue that their client is not at fault.
• Policy Exclusions: Certain aspects of your claim might not be covered under the insurance policy.
• Late Filing: Filing a claim after the deadline can lead to a denial.

Understanding the specific reason for the denial of your claim is the first step in determining how to proceed.

Steps to Take After a Claim Denial

Taking the right steps after a claim denial can be crucial for a successful appeal. By discussing your case with our attorney, you can ensure that you are taking the right actions towards a strong appeal.

First, carefully review the denial letter. It should specify the reason for denial. Understanding this reason is important for your next steps. If your claim was denied due to insufficient evidence, gather more. This can include medical records, witness statements, or anything else that supports your claim. You have the right to appeal the decision. This is where our team can step in to assist. We’ll help you understand the appeals process and prepare all necessary documentation.

If the appeal is unsuccessful, legal action might be the next step. We will help you understand the feasibility and potential outcomes of taking your case to court.

Compensation for Personal Injury Victims

Understanding the types of compensation that can be claimed is important for anyone who has suffered due to another’s negligence. Our legal team is here to guide you through the factors of determining compensation in personal injury cases.

Economic Damages

Economic damages, also known as special damages, are the most straightforward to calculate. They include:

• Medical Expenses: This includes costs for emergency services, hospitalization, surgery, medication, rehabilitation, and future medical care.
• Lost Wages: Compensation for the income lost due to the inability to work during the recovery period.
• Loss of Earning Capacity: If the injury results in an inability to return to work or a diminished earning capacity, compensation can be claimed.
• Property Damage: Reimbursement for the repair or replacement of property damaged in the accident, like a vehicle.

Non-Economic Damages

Non-economic damages, or general damages, compensate for non-monetary losses, which are more challenging to quantify. They include:

• Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury.
• Emotional Distress: Specifically for psychological impacts such as anxiety, depression, and PTSD resulting from the incident.
• Loss of Enjoyment of Life: If the injury prevents one from enjoying daily activities or hobbies.
• Loss of Consortium: Compensation for the impact on the relationship with a spouse or partner due to the injury.

Punitive Damages

Punitive damages are not linked to the victim’s losses. Instead, they are intended to punish the defendant for particularly egregious or reckless behavior and to deter similar actions in the future. These are less common and are typically awarded in cases where the defendant’s conduct was especially harmful or malicious.

Wrongful Death Damages

In cases of wrongful death, the victim’s family can claim compensation, which may include:

• Funeral and Burial Costs: Covering the expenses of funeral services and burial.
• Loss of Financial Support: Compensation for the financial contributions the deceased would have provided.
• Loss of Companionship: For the emotional loss suffered by the deceased’s loved ones.

Understanding the different types of compensation in personal injury cases is essential for anyone who has suffered an injury due to someone else’s negligence. We are committed to ensuring that our clients in Rapid City, SD, receive the full compensation they deserve. If you have been injured, we encourage you to contact us. Our team is ready to provide the support and representation you need during this challenging time.

Common Types of Personal Injury Cases

Personal injury law is a broad field that encompasses various types of cases where individuals suffer harm due to someone else’s negligence or intentional actions. As experienced attorneys, we encounter a range of personal injury cases.

• Motor Vehicle Accidents

These are among the most frequent causes of personal injury claims. Victims may suffer from whiplash, fractures, or more severe injuries due to another driver’s negligence, like speeding or driving under the influence. Motorcyclists are particularly vulnerable on the road. The lack of protection compared to cars means accidents often result in serious injuries. Collisions involving large trucks can be catastrophic due to their size and weight. These cases often involve complicated laws and regulations.

• Slip and Fall Accidents

These incidents, also known as premises liability cases, occur when a property owner’s negligence leads to someone slipping or tripping and getting injured. Common causes include wet floors, poor lighting, or uneven surfaces.

• Medical Malpractice

When healthcare professionals fail to provide the standard of care, resulting in injury or death, it constitutes medical malpractice. These cases can involve surgical errors, misdiagnosis or delayed diagnosis, birth injuries, medication mistakes, and more.

• Workplace Accidents

Workplace injuries can occur in any job setting. They range from slip and fall accidents to more severe cases like construction accidents or exposure to hazardous materials.

• Product Liability

When a consumer is injured by a defective or dangerous product, they may have a product liability claim. These cases can involve defective vehicle parts, unsafe children’s toys, harmful pharmaceuticals, and more.

• Dog Bites

Owners can be held liable if their dog bites or attacks someone, causing injury. The extent of liability may vary depending on state laws.

• Wrongful Death

When an individual dies due to another’s negligence or intentional act, their loved ones may file a wrongful death lawsuit. These cases can stem from any of the above categories.

Personal injury cases are diverse, and dealing with the legal system can be daunting. By understanding the common types of personal injury cases and seeking the assistance of skilled attorneys, victims can ensure their rights are protected. At The Law Office of Loos, Sabers & Smith, LLP, we are dedicated to helping our clients in Rapid City, SD, recover the compensation they deserve. Contact us today to discuss your case and take the first step towards justice.

Rapid City Personal Injury Infographic

Rapid City Personal Injury Statistics

According to the Centers for Disease Control and Prevention (CDC), there are almost 25 million trips to the doctors each year by people who have suffered an unintentional injury. Approximately 4.5 million of those visits are by people injured in car accidents and another 3 million for fall accidents.

If you have been injured due to another party’s negligence, make sure to contact our personal injury lawyer to find out what your legal options for damages may be. You may be entitled financial compensation for medical expenses, lost wages, pain and suffering, scarring, and more.

Rapid City Personal Injury FAQs

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

The timeframe for filing a personal injury claim is governed by a statute of limitations, which varies by state. In South Dakota, for instance, the statute of limitations for most personal injury cases is three years from the date of the injury. It’s important to be mindful of these deadlines as failing to file within the specified period can result in the loss of your right to claim.

Should I Accept the Insurance Company’s Settlement Offer?

Insurance companies often approach injury victims with settlement offers. However, these initial offers may not fully reflect the extent of your damages. We strongly advise consulting with our personal injury lawyer before accepting any offer. We will evaluate the offer, negotiate for a fair settlement, and make sure that your rights and interests are adequately represented.

How Long Does a Personal Injury Case Typically Take to Resolve?

The duration of a personal injury case can vary greatly. Cases involving clear liability and straightforward damages may be resolved in a matter of months, while more complicated cases, especially those requiring extensive medical evaluations or involving contested liability, can take years. The length of time also depends on how quickly a fair settlement can be reached. Some cases are settled quickly through negotiations, while others may require going to trial. The severity of your injuries and the length of your medical treatment can also impact the timeline. It’s often advisable to reach a point of maximum medical improvement before settling so that all damages are accounted for.

Can I Still Claim Compensation If I’m Partially at Fault?

Many states, including South Dakota, follow a “comparative fault” rule. This means that even if you are partly at fault for the accident, you can still claim compensation. However, your compensation may be reduced by a percentage equal to your degree of fault. For example, if you are found to be 30% at fault for an accident, and your total damages amount to $100,000, you would receive $70,000, reflecting a 30% reduction. Understanding comparative fault rules can be confusing, and the other party’s insurance company may attempt to shift more blame onto you to reduce their payout. It’s beneficial to have our experienced personal injury attorney evaluate your case and advocate on your behalf to receive a fair assessment of fault.

Rapid City Personal Injury Glossary

At Loos, Sabers & Smith, LLP, we are dedicated to helping individuals in Rapid City, SD, rebuild their lives after an accident. As experienced personal injury attorneys, we know how overwhelming legal processes can feel. Understanding the legal terminology involved is a key step toward gaining confidence in your case. Below, we provide detailed definitions of five terms central to personal injury law.

Comparative Fault

In personal injury cases, comparative fault is a legal doctrine that allows individuals who are partially responsible for an accident to still recover compensation, with their damages reduced in proportion to their percentage of fault. South Dakota follows a modified comparative fault rule, meaning you can only recover damages if your share of fault is less than 50%. For example, if you’re deemed 20% at fault for a car accident and your total damages amount to $100,000, your recovery will be reduced to $80,000.

Insurance companies often exploit comparative fault rules to minimize payouts, exaggerating the injured party’s responsibility for the accident. Our legal team meticulously gathers evidence, including police reports, witness statements, and opinions from specialists, to counter these claims and secure the compensation you’re entitled to receive.

Medical Documentation

Medical documentation is a cornerstone of any personal injury claim. These records provide evidence of the injuries sustained, their severity, and the required treatments. Examples include emergency room records, imaging results like X-rays or MRIs, surgical notes, and ongoing treatment plans such as physical therapy. Thorough documentation connects your injuries directly to the accident and establishes the financial and emotional impact of those injuries on your life.

For instance, in a case involving a traumatic brain injury, we used comprehensive medical records to demonstrate the long-term consequences of our client’s condition, securing a $500,000 settlement. Consistently following your doctor’s treatment recommendations is critical, as gaps in care could allow the opposing side to argue that your injuries are not as severe as claimed.

Punitive Damages

Unlike compensatory damages, which aim to reimburse victims for their losses, punitive damages are intended to punish the wrongdoer for particularly reckless or malicious behavior. These damages also serve as a deterrent, discouraging others from engaging in similar conduct.

Punitive damages are most often awarded in cases involving egregious negligence, such as drunk driving or intentional harm. For example, in a head-on collision case where the at-fault driver exhibited gross recklessness, punitive damages contributed to a $1,250,000 settlement. While not applicable in every case, punitive damages can significantly increase the overall compensation when the defendant’s actions warrant such measures. We assess each case to determine if punitive damages are appropriate and fight to hold wrongdoers accountable.

Premises Liability

Premises liability refers to the responsibility of property owners to maintain safe conditions for visitors. If a property owner fails to address hazardous conditions—such as slippery floors, broken stairs, or inadequate lighting—and someone is injured as a result, they may be held liable.

These cases often require detailed evidence, including photographs of the hazard, maintenance records, and witness testimony. Recently, we achieved a $100,000 settlement for an assisted living resident who suffered injuries due to a poorly maintained walkway. Our firm is committed to holding negligent property owners accountable to protect our clients and prevent similar incidents in the future.

Policy Limits Settlement

A policy limits settlement occurs when the compensation awarded reaches the maximum coverage available under the at-fault party’s insurance policy. In cases where the damages exceed these limits, recovering additional compensation can be challenging unless other sources of insurance or assets are identified.

For example, we secured a $1,250,000 policy limits settlement for a client who suffered bilateral lower leg fractures in a head-on collision. Our attorneys carefully analyze each case to identify all potential sources of compensation, including underinsured motorist coverage or other liable parties, to ensure our clients receive the maximum recovery possible.

The Law Offices of Loos, Sabers & Smith LLP, Rapid City Personal Injury Lawyer

2834 Jackson Blvd Suite 201, Rapid City, SD 57702

Contact Our Rapid City Personal Injury Lawyer Today

Our lawyer can provide clarity and direction, helping you understand the strengths and weaknesses of your case, the compensation you might be entitled to, and the strategy to pursue it. Especially in complicated cases, legal representation is vital. Our lawyer can handle negotiations, prepare and file necessary legal documents, and represent you in court if needed, ensuring that your rights are fully protected. Contact our firm today for a consultation.