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.