Personal Injury Lawyer Rapid City, SD

How to Prepare A Personal Injury Claim

Handling a personal injury claim can be challenging. As dedicated Personal Injury Lawyers in Rapid City, SD, at The Law Office of Clayborne, Loos, and Sabers, LLP, we understand the importance of being thoroughly prepared. 

Before delving into the preparation process, it’s important to understand what constitutes a personal injury claim. These claims arise when an individual suffers harm from an accident or injury, and someone else might be legally responsible for that harm.

Seek Medical Attention

Prioritizing your health is critical. Immediate medical attention ensures that your injuries are promptly and professionally assessed. Sometimes, injuries that appear minor can escalate into serious conditions if not treated. For example, what seems like a mild headache could be a sign of a concussion or internal bleeding.

Documentation of Injuries 

Every medical visit, treatment, diagnosis, and recommendation must be documented. This includes emergency room visits, appointments with specialists, physical therapy sessions, and any other medical care received as a result of your injuries. These records serve as important evidence in establishing the extent and impact of your injuries on your life. They form the foundation of your claim for medical expenses.

Gather Evidence

Photographs of the Scene 

Photos should capture the overall accident scene, close-ups of specific hazards or damages, and any relevant signs or signals. For instance, in a car accident, pictures of vehicle positions, skid marks, and road conditions can be pivotal.

Witness Information

Collecting names, phone numbers, and addresses of witnesses can be invaluable. Witness statements can corroborate your account of the incident and provide additional perspectives that may be crucial in establishing liability.

Official Reports

If the police or another authority were involved, obtaining a copy of their report is essential. This report might contain an officer’s observations, statements from involved parties, and sometimes even an initial assessment of fault.

Document Your Experience

Insurance companies often offer quick settlements that might seem attractive but may not fully cover your long-term needs and losses. Accepting such an offer too hastily can prevent you from claiming additional compensation later. Follow these key points so that you get the most out of your settlement:

Be Cautious with Insurance Companies

When speaking with insurance adjusters, be mindful that their goal is to minimize the payout. Provide them with basic information but avoid detailed statements or speculations about the accident or your injuries.

Keep a Diary 

A detailed diary helps to illustrate the daily impact of your injuries. This should include descriptions of pain, any limitations or difficulties faced in your daily activities, and how the injury has affected your mood and mental health.

Record Expenses and Losses 

Maintain a comprehensive list of all expenses and financial losses related to the accident. This includes not just medical bills, but also costs for rehabilitation, travel to medical appointments, home care services, and any modifications made to your home or vehicle due to the injury. Don’t forget to track lost wages and potential future income loss.

Understand the Legal Process

Preparing a personal injury claim involves a detailed and careful approach to evidence gathering, documentation, and understanding the legal landscape. Consulting with our personal injury attorney can significantly enhance your ability to effectively move through this process and secure the compensation you deserve.

Statute of Limitations 

This law sets the maximum time after an event within which legal proceedings may be initiated. Missing this deadline can result in losing your right to sue.

Legal Terms and Procedures

Familiarize yourself with terms like negligence, liability, and damages. Understanding the basic legal framework will help you better execute your claim.

Consult with a Personal Injury Attorney

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.

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

• Car 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.
• Motorcycle Accidents: Motorcyclists are particularly vulnerable on the road. The lack of protection compared to cars means accidents often result in serious injuries.
• Truck Accidents: 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

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

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 Clayborne, Loos, and Sabers, 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.

Personal Injury Infographic

Rapid City Personal Injury Law 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.

What Types of Compensation Can Be Claimed

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.

What If My Personal Injury Claim Was Denied?

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

Review the Denial Letter

Carefully review the denial letter. It should specify the reason for denial. Understanding this reason is important for your next steps.

Collect Additional Evidence

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.

File an Appeal

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.

Consider Legal Action

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.

Working With The Law Office of Clayborne, Loos and Sabers, LLP

After a denial, it’s advisable to seek legal advice. A lawyer, particularly from a reputable firm like The Law Office of Clayborne, Loos and Sabers, LLP, can provide expert guidance. Here’s how we can assist:

Expert Legal Advice

Our lawyers will review your case, advise you on the merits of your claim, and suggest the best course of action. They have the expertise to interpret the details of insurance policies and personal injury law.

Gathering and Presenting Evidence

We understand the importance of compelling evidence. Our team will help gather necessary documentation and expert testimonies to strengthen your claim.

Negotiating with Insurance Companies

Our experienced attorneys are skilled in negotiating with insurance companies. They know the tactics insurers might use to minimize or deny claims and can counter these effectively.

Representing You in Court

If necessary, we are prepared to represent you in court. We’ll build a strong case to advocate for your rights and work tirelessly to seek the justice you deserve.

Why Choose The Law Office of Clayborne, Loos and Sabers, LLP?

Choosing the right legal representation is crucial. Our legal team has over 60 years of combined experience and have been professionally recognized for the services we offer:

• Expertise: Our team has extensive knowledge in personal injury law.
• Personalized Attention: We understand that every case is unique and provide personalized legal solutions.
• Commitment: We are committed to fighting for your rights and ensuring you receive fair compensation.

If your personal injury claim has been denied, don’t lose hope. Understanding the reason behind the denial, seeking the advice of a skilled attorney, and taking appropriate legal action can make all the difference. Let us be your guide and advocate in this challenging time. Together, we can work towards a favorable resolution of your claim.

Frequently Asked Questions About Personal Injury Cases

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.

How The Law Office of Clayborne, Loos, and Sabers, LLP Can Help

At The Law Office of Clayborne, Loos, and Sabers, LLP, we understand the challenges and uncertainties that come with personal injury cases. Our team of experienced attorneys is here to provide answers, guidance, and robust legal representation. We invite you to reach out to us with your questions and concerns. Initial consultations are offered at no charge. Let us help you manage your personal injury claim with confidence and skill, aiming to secure the compensation and justice you deserve.

The Law Offices of Clayborne, Loos, and Sabers LLP – South Dakota Law Firm

2834 Jackson Blvd Suite 201
Rapid City, SD 57702