South Dakota Personal Injury Lawyer

Actions That Could Impact A Personal Injury Case

As our personal injury lawyer South Dakota victims rely on can explain, there are several ways that an accident may happen. Victims who have experienced injuries and losses due to an accident may be entitled to compensation for their losses. While it’s essential to take the proper steps when taking on cases of this nature, in some situations, victims may take actions that could significantly impact their ability to receive fair compensation for damages. Not only could mistakes cause a reduced settlement offer, but they may also affect a person’s overall health and recovery and, in some cases, may even result in a claim denial altogether. Initiating the process with help from our team at The Law Offices of Clayborne, Loos & Sabers LLP can ensure that the victim is on the right track when they first engage in the legal process, all the way to a resolution. 

Delaying or Forgoing Medical Treatment

After an accident, medical treatment is one of the most critical steps victims should take. There are several reasons this is necessary. Sometimes injuries can be apparent, but sometimes the pain may be masked, making it challenging to realize injuries or injuries may not yet be present. Unfortunately, victims may not believe they have been injured because of this. Most importantly, failing to seek treatment can significantly impact a person’s overall health and ability to heal from the accident. In addition, a South Dakota personal injury lawyer will share that not seeking treatment or waiting too long to see a doctor can impact the victim’s case in several ways. The defendant, lawyer, and the insurance company may question the validity of the victim’s claim. Unfortunately, this could drastically reduce the potential settlement and, in some cases, may result in claim denials. 

Posting to Social Media

Social media is an aspect of many people’s lives, and it may seem harmless to post accident details on an account. However, even an innocent social media post can significantly impact a case. Posting an account of the accident, pictures or videos of the damage, or even a harmless photo of the victim with their family can be found by the defendant’s lawyers and insurance company and used against the victim. For example, inadvertently admitting fault, minimizing injuries, posting images engaged in physical activity, or appearing fully recovered can reduce the potential damages to which the victim is entitled. While engaged in any civil or criminal case, it’s best to avoid social media altogether. 

Waiting Too Long To Take Action

When filing a personal injury claim, timing is everything, and it’s essential to get it right. There is no waiting period for filing such a claim, but victims may want to first consult with a lawyer before moving forward to retain clear insight regarding their case. Victims may want to wait until they fully understand the extent of their injuries and have completed treatment before filing the claim. In some cases, it may be too soon to take immediate action. However, it’s essential to remember that each state has a statute of limitations, meaning once this timeframe closes, in most cases, victims will miss out on their opportunity to move forward. 

Understanding Claim Denials

Receiving a denial for a personal injury claim can be a disheartening and confusing experience. It’s important to understand that a denial doesn’t signify the end of your quest for justice. Rather, it’s a call to reassess and strategize your approach. Often, denials result from issues like insufficient evidence, disputes over liability, or a misunderstanding of the claim’s details.

This is where the expertise of a Personal Injury Lawyer in South Dakota becomes crucial. A skilled attorney can navigate the complexities of personal injury law and identify the reasons behind the denial of your claim. They bring not only their legal expertise but also a deep understanding of the local laws and regulations that could affect your case.

Reevaluating Your Case

Our team at The Law Office of Clayborne, Loos and Sabers, LLP, recommends a thorough reevaluation of your case following a denial. This process involves reviewing all documentation, reassessing the evidence, and possibly gathering additional proof to support your claim. We understand the nuances of personal injury cases and can offer guidance on the best way to address the reasons for denial.

Filing an Appeal or Lawsuit

In many cases, the next step after a denial is to file an appeal or initiate a lawsuit. This can be a complex process, requiring a detailed understanding of legal procedures and deadlines. As experienced attorneys, we are equipped to handle these challenges and can represent your interests effectively in court.

The Importance of Evidence and Documentation

Solid evidence and thorough documentation are the cornerstones of a successful personal injury claim. If your claim was denied due to insufficient evidence, we can help you gather the necessary documentation, including medical records, witness statements, and expert testimony. Our goal is to build a compelling case that clearly demonstrates the extent of your injuries and the other party’s liability.

Negotiating with Insurance Companies

Negotiating with insurance companies is another critical aspect of personal injury claims. Insurers are often more willing to settle a claim favorably when confronted with a well-prepared case backed by legal representation. We have the experience to negotiate effectively on your behalf, ensuring that your rights are protected and that you receive the compensation you deserve.

Moving Forward After a Denied Claim

If your personal injury claim was denied, do not lose hope. This setback is merely a step in the journey toward obtaining the compensation you need and deserve. With our expertise and guidance, we can reassess and restructure your claim, taking the necessary actions to pursue a successful outcome.

Common Types of Personal Injury Cases

If you have recently suffered an injury and are wondering if compensation could be involved then reach out to a personal injury lawyer South Dakota turns to from The Law Offices of Clayborne, Loos & Sabers LLP.  Our firm has helped many people receive compensation and other benefits from their injuries. No one should have to suffer alone and be left to pay their expensive hospital and doctor bills when their injury was caused by the negligence or lack of thought of someone else. Contact us to learn more and to get your case started.

Personal injury cases are a broad field of law that encompasses various types of accidents and injuries. As a Personal Injury Lawyer in South Dakota, we at The Law Office of Clayborne, Loos and Sabers, LLP, are deeply familiar with the intricacies and types of cases that fall under this category.

• Vehicle Accidents

Vehicle accidents are among the most common types of personal injury cases. They can involve cars, trucks, motorcycles, bicycles, and pedestrians. These accidents often occur due to negligence, such as speeding, drunk driving, or distracted driving. Victims can suffer from various injuries, from minor cuts and bruises to more severe injuries like broken bones, spinal injuries, or even traumatic brain injuries. Vehicle accidents can include car accidents, truck accidents, motorcycle accidents, bicycle and pedestrian accidents, and more.

• Workplace Accidents

Workplace injuries can happen in any work environment, from construction sites to office buildings. Employers are responsible for maintaining a safe working environment, and when they fail to do so, workers may get injured. These injuries can range from slips and falls to more severe cases like machinery accidents or exposure to hazardous materials. Workplace accidents encompass construction accidents, slip and fall accidents, repetitive stress injuries, and more.

• Medical Malpractice

Medical malpractice occurs when a healthcare professional fails to provide the appropriate standard of care, leading to injury or death. These cases can be highly complex, involving detailed medical records and expert testimonies. Surgical errors, misdiagnosis or delayed diagnosis, and birth injuries are all examples of medical malpractice.

• Product Liability

When a consumer is injured by a defective or dangerous product, they may have a product liability case. Manufacturers and retailers are responsible for ensuring that their products are safe for use. Product liability cases include those involving items that are flawed due to manufacturing errors and products that are inherently dangerous due to design flaws or lack of adequate warnings.

• Premises Liability

Property owners are responsible for maintaining a safe environment for visitors. Injuries that occur due to unsafe conditions on someone else’s property can lead to premises liability cases. Premises liability cases include slip and fall accidents, dog bite cases, and more.

South Dakota Personal Injury Infographic

South Dakota Personal Injury FAQs

What is the statute of limitations for filing a personal injury lawsuit in South Dakota?

In South Dakota, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the injury. This means that if you have suffered an injury due to someone else’s negligence, you have three years to file a lawsuit in court. It’s important to note that if this deadline is missed, you may be barred from bringing your claim to court. However, there are some exceptions to this rule, depending on the specific circumstances of your case, such as in cases involving minors or certain types of injuries.

Can I still recover damages if I am partially at fault for my injury in South Dakota?

Yes, you can still recover damages in South Dakota even if you are partially at fault for your injury. South Dakota follows a “comparative negligence” rule, meaning that the compensation you can receive will be reduced by a percentage equal to your share of fault in the accident. However, if you are found to be more than 50% responsible for the accident, you won’t be able to recover any compensation. Therefore, establishing the exact degrees of fault can significantly impact the amount of damages you can recover.

What types of damages are available in a personal injury lawsuit in South Dakota?

In a personal injury lawsuit in South Dakota, you can pursue various types of damages. These include economic damages, such as medical expenses and lost wages; non-economic damages, like pain and suffering, emotional distress, and loss of enjoyment of life; and in some cases, punitive damages, which are intended to punish the defendant for particularly reckless or malicious behavior. The specific damages available will depend on the details of your case, including the severity of your injuries and the impact they have had on your life.

How is liability determined in a personal injury case in South Dakota?

Liability in a personal injury case in South Dakota is determined based on negligence. To prove negligence, you must show that the defendant owed you a duty of care, breached that duty, and caused your injury as a result of that breach. Evidence such as eyewitness testimony, accident reports, medical records, and expert testimony are crucial in establishing these elements. In some cases, the concept of “negligence per se” may apply, where a defendant’s violation of a law (like traffic laws) is automatically considered to be negligent behavior.

Do I need a lawyer to file a personal injury claim in South Dakota?

While it’s not legally required to have a lawyer to file a personal injury claim in South Dakota, it is highly advisable. Personal injury law can be complex, and having an experienced attorney can significantly increase your chances of a successful outcome. An attorney can help navigate the legal system, gather and present evidence, negotiate with insurance companies, and represent you in court if necessary. Especially in cases involving serious injuries or disputed liability, the expertise of a lawyer can be invaluable.

The Law Offices of Clayborne, Loos & Sabers LLP, South Dakota Personal Injury Lawyer

2834 Jackson Blvd Suite 201, Rapid City, SD 57702

Contact Our South Dakota Personal Injury Lawyer Today

If you or someone you know have been injured due to the negligence of someone else or from a company or manufacturer’s product defect then reach out to our firm today. We have helped many clients get through their cases and have helped them to receive compensation for their troubles and injuries along with holding the guilty party accountable for their negative actions. Contact us today to speak to a personal injury lawyer South Dakota turns to from The Law Offices of Clayborne, Loos & Sabers LLP.