Sioux Falls Personal Injury Lawyer

Personal injury representation on a contingency basis with no attorney fees unless we recover compensation for you.

If you’ve been hurt in a Sioux Falls accident, having a dedicated and experienced attorney on your side is crucial. Loos, Sabers & Smith, LLP has represented injured South Dakotans for more than 35 years. Our Sioux Falls, SD personal injury lawyer handles motor vehicle, premises, and other accident matters on a contingency basis. The first consultation is free.

Personal Injury Lawyer Sioux Falls, SD

A personal injury claim is a civil action brought by someone who was hurt because of another person or company’s negligence. The claim seeks money damages for medical bills, lost income, and other losses connected to the injury. Some claims resolve through insurance negotiations. Others require a lawsuit and, sometimes, a trial.

Personal injury is a broad category. It covers car crashes, falls on dangerous property, medical mistakes, dog bites, defective products, and workplace incidents involving third parties. The common thread is that someone else’s careless or wrongful conduct caused the injury, and the law allows the injured person to seek compensation.

Types of Personal Injury Cases We Handle in Sioux Falls

Personal injury covers a wide range of incidents. Some are roadway crashes. Others involve property hazards, medical mistakes, or workplace failures. We’ve represented clients in nearly all of these scenarios over the past three decades.

• Car accidents. Sioux Falls sits at the intersection of I-29 and I-90, and crashes on those corridors often produce serious injuries. We handle rear-end collisions, intersection T-bones, and multi-vehicle pileups against the at-fault driver’s insurer.

• Truck accidents. Semi-trucks moving through the city cause catastrophic damage when something goes wrong. We pull federal driver logs, electronic control module data, and maintenance records, then pursue the carrier, the driver, and any other liable parties.

• Motorcycle accidents. Riders are exposed in ways drivers are not. Adjusters often blame the rider by default, and we counter that with crash reconstruction and witness testimony that establish how the other driver actually caused the wreck.

• Pedestrian accidents. Crosswalk strikes, parking-lot backovers, and distracted-driver incidents in residential neighborhoods often leave pedestrians with life-changing injuries. We pursue both the driver and any commercial property owner whose conduct contributed.

• Bicycle accidents. Cyclists sharing the road with motor vehicles face high risk when drivers fail to look, signal, or yield. South Dakota law gives cyclists the same rights as motorists, and we hold negligent drivers to that standard.

• Brain injuries. Concussions and traumatic brain injuries often appear minor at first and worsen over weeks. Documenting cognitive symptoms requires neuropsychological testing, and we work with specialists who can establish the long-term picture.

• Nursing home neglect. Falls, pressure sores, medication errors, and unexplained injuries in care facilities often point to understaffing. We investigate facility records, staffing logs, and inspection reports to build the claim.

• Birth injuries. Cerebral palsy, brachial plexus damage, and other birth-related harm can result from delayed C-sections, oxygen deprivation, or improper use of delivery instruments. These cases require detailed medical review.

• Wrongful death. When negligence kills someone in Sioux Falls, surviving family members may bring a wrongful death claim under South Dakota law. We coordinate with the personal representative and pursue the at-fault party.

Why Choose Loos, Sabers & Smith, LLP as my Personal Injury Lawyer in Sioux Falls, SD?

Trial Lawyers Who Try Cases

Many firms market themselves as trial lawyers and then settle nearly everything. We litigate cases through verdict and Supreme Court appeals when the facts and the law support doing so. Courtney Clayborne is a Certified Civil Trial Specialist through the National Board of Trial Advocacy and has handled civil litigation matters since 1989. Michael Loos has handled serious injury and accident matters since 1994, and he has been selected to Super Lawyers for Personal Injury every year since 2017. As your personal injury lawyer in Sioux Falls, SD, we prepare every case as if it will go to a jury, because that is the only way to negotiate from real strength.

Results, Resources, and Contingency Fees

Our firm has recovered millions of dollars for clients in personal injury and related matters. Outcomes include seven-figure recoveries in motor vehicle, motorcycle, and complex civil cases. Past results do not predict future outcomes, but they reflect the level of investment our firm puts into each case. We front the costs of investigation, accident reconstruction, specialist witnesses, and trial preparation. Clients pay nothing in attorney fees unless we recover compensation, and we do not charge for the initial consultation.

Understanding Personal Injury Cases

Damages, Liability, and Compensation for Personal Injury Cases

South Dakota personal injury damages compensate for losses an injured person suffers. These break into two basic groups: economic damages, which represent measurable financial losses, and non-economic damages, which compensate for harms that do not come with a receipt.

Common categories include:

• Past and future medical bills, including therapy and rehabilitation

• Lost wages during recovery and reduced future earning capacity

• Physical pain and suffering, both past and future

• Emotional distress and mental anguish

• Loss of enjoyment of life

• Permanent disfigurement or scarring

• Property damage and out-of-pocket expenses

Liability follows the law of negligence. We typically must prove duty, breach, causation, and damages. South Dakota also uses a slight/gross comparative negligence rule, and the analysis is unusual nationally. South Dakota is the only state in the country that uses this approach. If the injured person’s negligence was more than slight compared to the defendant’s, recovery is barred. If the negligence was slight, damages are reduced proportionally. Adjusters routinely undervalue claims, which is why calculating damages correctly before any negotiation matters.

What Are Important Aspects of a Personal Injury Case?

A few aspects of South Dakota personal injury cases catch new clients off guard:

• Medical treatment delays hurt the case, because insurers argue that if you were truly hurt, you would have treated continuously

• Statements to insurance adjusters are recorded and used against you later

• Social media activity becomes evidence, even posts unrelated to the injury

• Health insurance and Medicare may have liens against any recovery

• Settlement offers from the at-fault insurer almost always start low

The first weeks after an accident matter more than people realize. Evidence disappears. Witnesses move on. The mistakes injured clients make early often cost them money later.

What Is the Personal Injury Case Timeline?

There’s no fixed timeline, but most South Dakota personal injury cases follow a similar pattern:

• Medical treatment and reaching maximum medical improvement, typically three months to a year

• Demand letter to the at-fault insurer with supporting documentation

• Negotiation period, often two to four months

• Filing a lawsuit if negotiations stall

• Discovery, depositions, and specialist witness disclosures, typically six to twelve months

• Mediation, pretrial motions, and final settlement or trial

Straightforward soft-tissue cases sometimes resolve in a year or less. Complicated cases involving disputed liability, multiple defendants, or severe injuries often take two years or more. We do not push clients to settle before they understand the full extent of their injuries, because settling early almost always means leaving money on the table. A premature settlement closes the case for good, even if symptoms worsen later.

What Should You Bring to Your Personal Injury Consultation?

A first meeting goes faster when you bring the basics:

• Any accident or incident reports, including police reports

• Photographs of the scene, vehicles, or injuries

• Medical records and bills you have received

• Insurance information, both yours and the other party’s

• Pay stubs or other documentation of lost income

• Correspondence from any adjuster or attorney

Don’t worry about documentation being incomplete. We can request records you do not have. The meeting itself usually lasts an hour. We listen to what happened, ask clarifying questions, and discuss whether a claim makes sense. The consultation is free, and there is no pressure to retain our firm.

What Are Important South Dakota Legal Resources for Personal Injury Cases?

Anyone considering a personal injury claim in Sioux Falls should know the basic legal framework. A few starting points:

• The general personal injury statute of limitations in South Dakota is three years from the date of injury under SDCL § 15-2-14

• South Dakota’s unique slight/gross comparative negligence rule is codified at SDCL § 20-9-2 and determines how fault affects recovery

• Wrongful death claims fall under SDCL Chapter 21-5, with a separate three-year deadline

• Product liability and intentional tort claims have their own deadlines that may be shorter

• The NHTSA road safety section publishes crash and behavioral data relevant to motor vehicle claims

• The CDC injury data center compiles national statistics on the leading causes of injury and death

These resources offer general guidance, but no website substitutes for legal advice tailored to your specific accident, injuries, and insurance situation. Adjusters and defense lawyers know the procedural landscape cold. Injured clients without representation rarely do.

Reach Out to Loos, Sabers & Smith, LLP to Schedule a Consultation

If you’ve been hurt because of someone else’s negligence in Sioux Falls, the sooner you have a lawyer in your corner, the better your case looks down the road. We offer free initial consultations and represent injured clients on a contingency basis. Contact us to set up a meeting and discuss what your case might look like.

Personal Injury Statistics in Sioux Falls

Sioux Falls generates more injury claims than any other South Dakota city, and Minnehaha County alone accounts for close to a third of every reported crash statewide. 

Motor vehicle collisions drive the numbers, but falls on commercial property, nursing facility incidents, and workplace injuries involving third parties generate a substantial share of the claims filed here each year. Figures below come from the 2024 state crash summary published by the South Dakota Department of Public Safety.

• 5,699 crashes were reported in Sioux Falls during 2024. Of those, 1,102 were injury crashes, and 1,450 people were hurt.

• Minnehaha County recorded 6,028 total crashes and 16 traffic deaths in 2024. That is the highest county total in South Dakota by a wide margin.

• Sioux Falls and Rapid City together accounted for 74.3 percent of all fatal and injury crashes occurring in South Dakota cities.

• Failure to yield to another vehicle was the leading driver contributing circumstance in injury crashes statewide, cited for 2,711 drivers in 2024.

• Traffic crashes cost South Dakota an estimated $533 million in economic loss during 2024, counting wage loss, medical expense, insurance administration, and property damage.

Crash reports for collisions investigated by state agencies can be purchased through the SD accident records office roughly twenty days after the incident.

Types of Evidence Used in Personal Injury Cases

Every claim depends on documentation, and the strongest cases are the ones where evidence is preserved early. These categories carry the most weight in South Dakota injury litigation.

1. The incident report. Whether it is a Sioux Falls Police crash report, a fall report from a retail store, or an incident log from a care facility, this document fixes the date, the location, and the initial account. It also identifies the responding officer and any witnesses. Reports contain errors more often than people expect, and correcting one after an insurer has relied on it is much harder.

2. Photographs and videos. Scene photos, vehicle damage from multiple angles, and images of the hazard itself before it gets repaired. Dashcam, doorbell, and nearby business security video all matter, which is why we send preservation letters within days rather than weeks.

3. Medical records and imaging. These establish both the injury and its connection to the incident. Continuous treatment tells a coherent story. Gaps invite the argument that something else caused it, and the medical bills attached to those records establish the economic basis of the claim.

4. Physical evidence and reconstruction. Vehicle event data recorders capture speed, braking, and steering input in the seconds before impact. Damaged property, torn clothing, and the vehicles themselves should be preserved rather than repaired or scrapped. Where liability is disputed, accident reconstruction converts that physical record into a compelling story a jury can follow.

5. Witness testimony. Independent witnesses carry more weight than parties, and their memory of speed, signal color, and sequence degrades within weeks. We interview them early and preserve the account in writing.

6. Employment and earnings records. Pay stubs, tax returns, and personnel files quantify what the injury cost. For clients whose injuries limit what they can do at work, these documents are how lost wages and reduced earning capacity get proven rather than asserted.

7. Maintenance, inspection, and staffing records. In premises cases, these show whether the property owner knew about the hazard. Prior complaints about the same condition often separate a contested claim from a resolved one.

8. Digital and device data. Cell phone records establish distraction. Wearable tech evidence like fitness trackers and smartwatches document activity levels before and after the incident.

9. The defense file. Insurers commission surveillance and pull social media in nearly every serious claim. Assume anything posted publicly will be produced at deposition.

Sioux Falls Personal Injury Lawyer FAQs

How much does hiring a personal injury lawyer cost?

Nothing upfront. We handle injury matters on contingency, so the fee is a percentage of the recovery and is charged only if we obtain one. Our firm advances case costs. The consultation is free.

How long do I have to file a claim?

Three years from the date of injury for most claims. Medical malpractice, wrongful death, and claims against government entities carry different and sometimes far shorter deadlines. Missing the deadline ends the claim regardless of its merit.

What is my personal injury case worth?

Value is based on medical expenses, permanence, lost income, and the insurance available to pay it. Identical injuries can settle very differently on policy limits alone. 

Do I have to give a recorded statement?

No. You owe cooperation to your own insurer under your policy. You owe nothing to the at-fault driver’s carrier, whose adjuster is trained to elicit statements that limit payment. Decline and refer them to our firm.

What if I was partly at fault?

South Dakota still permits recovery when your share of the fault was slight compared to the other party’s, with damages reduced proportionally. Insurers overstate claimant fault routinely, which is why early recorded statements cause so much damage.

Will my case go to trial?

Most resolve before trial. We prepare every file as though it will not, because settlement leverage comes from the insurer’s assessment of what happens if the case is actually tried.

Who pays my medical bills meanwhile?

Your health insurance, your medical payments coverage, or in some cases a treatment lien. The at-fault insurer pays nothing until the claim resolves. Health insurers and Medicare typically assert reimbursement rights against the recovery.

Should I accept the first settlement offer?

Rarely. Opening offers usually arrive before treatment is complete, when future care and permanency are not yet knowable. Signing a release closes the claim permanently even if symptoms worsen later.

What if the at-fault driver has no insurance?

Your own uninsured and underinsured motorist coverage may respond. That claim runs against your own carrier and gets litigated much like any other injury claim, which surprises people who expect their insurer to simply pay.

Do I need a lawyer for a minor injury?

Not always. If the injury is resolved quickly and the offer fairly covers your bills and lost time, handling it yourself is reasonable. The common myths about small claims cause many injured victims to settle for less than what their case is worth.

Are slip and fall claims different?

Yes. Slip and fall claims depend on whether the owner knew or should have known about the hazard, which requires maintenance logs and complaint history. Proving notice is the central dispute.

Where are Sioux Falls injury cases filed?

In the Second Judicial Circuit, covering Minnehaha and Lincoln counties. The Minnehaha County Courthouse sits at 425 North Dakota Avenue, and the Clerk of Courts handles civil filings there.

Important Resources for Sioux Falls Personal Injury Cases

Most Dangerous Locations for Personal Injury in Sioux Falls, SD

Injury claims here concentrate in areas of heavy traffic. The corridors below combine high volume with frequent turns and intersections.

High-risk streets:

• 41st Street. The heaviest retail corridor, particularly near the Empire Mall interchange with Interstate 29.

• Louise Avenue. Junctions with 41st, 49th, and 57th Streets carry constant turning traffic into commercial lots.

• Minnesota Avenue. The north-south spine through downtown, with dense signal spacing and pedestrian activity.

• Western Avenue. Frequent left-turn conflict, including near the Interstate 229 interchange.

• Cliff Avenue. Runs past the hospital district, mixing commuter, commercial, and emergency traffic.

High-risk highways:

• Interstate 29. Runs the west edge with high-speed merges at 41st and 57th Streets.

• Interstate 90. Crosses the north side carrying the region’s heaviest freight volume.

• Interstate 229. The southeast loop, where short ramp spacing forces abrupt lane changes.

• South Dakota Highway 42. Runs through the city as 12th Street on the west side and Arrowhead Parkway on the east.

What Are Important Local Resources for Sioux Falls Personal Injury Cases?

• Sioux Falls Police Department. Non-emergency 605-367-7000. Handles crash and incident reports within city limits.

• Avera McKennan Hospital. 605-322-8000. A designated regional trauma center at 1325 South Cliff Avenue.

• Sanford USD Medical Center. 605-333-1000. Level I trauma center at 1305 West 18th Street.

• Minnehaha County Clerk of Courts. 605-367-5900. Civil filings for the Second Judicial Circuit.

• South Dakota Office of Accident Records. 605-773-4156. Retains crash reports for fifteen years.

Loos, Sabers & Smith, LLP lists these organizations for informational purposes only. We have no affiliation with them, receive no compensation from them, and do not endorse any of them.

About Loos, Sabers & Smith, LLP

Our firm is based in Rapid City and represents injured clients throughout South Dakota, including Sioux Falls and the surrounding Minnehaha County communities. Michael C. Loos, a founding member, earned his law degree at the University of South Dakota School of Law and holds admissions before the U.S. District Court for the District of South Dakota and the Eighth and Tenth Circuit Courts of Appeals. Our results include a $300,000 jury verdict for a traumatic brain injury from a motor vehicle collision.

What Our Clients Say

★★★★★

“I had a life altering accident and did not know where to turn. I found Michael Loos online. He was so helpful, caring and ready to help. They put together my case of over a year and a half of surgeries and rehab. The whole staff was always helpful and caring. Ultimately, they got me the best possible settlement. Although my injuries are life altering, the settlement is comforting that I will have what I need for my needs in the future. I would highly recommend him and the firm.”

Shelly Johnson

Read more reviews on our Google Business Profile.

Additional Resources for Sioux Falls Personal Injury Cases

• Why Do You Need an Injury Lawyer?

• The Role of Evidence in Personal Injury Claims

• Collectible Damages in a Personal Injury Claim

• Common Types of Personal Injury Damages

• Strategies to Maximize Your Settlement

Contact Loos, Sabers & Smith, LLP

If someone else’s negligence left you injured in Sioux Falls, we will review what happened and tell you whether a claim is worth pursuing. Contact us to schedule a free consultation. We take injury matters on contingency, so no attorney fee is charged unless we recover compensation, and we advance the case costs. Expect a working meeting: we go through the records you have, identify the coverage that may apply, and outline the realistic path forward. New inquiries receive a response within one business day.