Trusted brain injury lawyers with over 35 years of experience.

If you’ve suffered head trauma in an accident that wasn’t your fault, finding the right Yankton, SD brain injury lawyer is essential for securing the compensation you need to get better. Our attorneys at Loos, Sabers & Smith, LLP have spent decades representing people whose lives were upended by someone else’s negligence. We offer a free consultation to talk through what happened.

Brain Injury Lawyer Yankton, SD

A traumatic brain injury, or TBI, is harm to the brain caused by a sudden blow, bump, or jolt to the head. A TBI affects how the brain works, and the effects can last weeks, months, or the rest of someone’s life. Mild TBIs include most concussions. Moderate and severe TBIs often involve loss of consciousness, bleeding inside the skull, or permanent cognitive changes.

The legal piece is its own challenge. Insurance companies routinely dispute brain injury claims because so much of the harm is invisible on a basic scan. We build these cases the way they need to be built, with treating physicians, neuropsychological testing, and detailed evidence of how the injury changed your daily life.

Types of Brain Injury Cases We Handle in Yankton

Brain injuries happen in a wide range of accidents. Some involve obvious head trauma. Others involve a violent jolt that whips the brain inside the skull without leaving a visible mark. We handle the full range of cases that produce TBIs in Yankton.

• Motorcycle accidents. Riders face a much higher risk of head injury when a driver fails to see them or pulls into their path. We investigate the crash, work with crash reconstruction professionals when needed, and pursue every available source of recovery.

• Truck accidents. The forces involved in a commercial truck collision can cause severe TBIs even when the car looks repairable. Our attorneys go after the driver, the trucking company, and any other negligent party in the chain.

• Pedestrian accidents. A person on foot has nothing between them and a vehicle. Head injuries are common in these crashes, and we work to hold the driver accountable for the full extent of the harm.

• Slip and fall. A fall onto a hard surface can cause concussion, hemorrhage, or worse, especially for older adults. We investigate the property, the warnings, and the conditions that caused the fall.

• Car accidents. High-speed impacts and even moderate rear-end collisions can produce traumatic brain injuries. Symptoms sometimes do not show up for days, which is one reason these cases need careful handling from the start.

• Wrongful death. Some brain injuries are fatal. When a family loses someone to negligence, we pursue the claim with the seriousness the loss demands.

• Bicycle accidents. Cyclists struck by motor vehicles often suffer head trauma even when wearing a helmet. We handle the medical documentation and the liability work side by side.

• Workplace and equipment incidents. Falls from height, struck-by injuries, and machinery accidents can cause severe TBIs that overlap with workers’ compensation and third-party injury claims.

Why Choose Loos, Sabers & Smith, LLP for Brain Injury Cases in Yankton, SD?

Brain injury cases are won by understanding both the medicine and the courtroom. If you are looking for a personal injury lawyer in Yankton, SD specializing in head trauma accidents, our firm brings decades of trial experience and a track record built on serious injury work.

Decades of South Dakota Trial Experience

Michael C. Loos has practiced personal injury law since 1994. His work centers on representing people hurt in serious accidents, and he has been selected to Super Lawyers every year since 2017 for personal injury practice. Courtney R. Clayborne has been licensed in South Dakota since 1989 and is a Certified Civil Trial Specialist through the National Board of Trial Advocacy. He has handled major civil litigation matters across the state and brings a defense-side background that informs how he prepares plaintiff cases.

Proven Results in Serious Injury Cases

Our firm has millions of dollars recovered for clients in personal injury, brain injury, and motor vehicle cases. We take the time these cases require. We work with neurologists, neuropsychologists, life-care planners, and economists when the case calls for it. And when an insurance company refuses to acknowledge the real value of a brain injury claim, we are prepared to take the case to trial.

We work on a contingency fee basis for personal injury matters, which means there is nothing to pay up front and nothing owed unless we recover for you.

Understanding Brain Injury Cases

Damages, Liability, and Compensation for Brain Injury Cases

A brain injury case focuses on the differences between the life you had before the injury and the life you have now. South Dakota law allows recovery for the actual losses you can document, along with the human losses that go with them. The value of any individual claim depends on the severity of the injury, the strength of the medical evidence, and how clearly we can show what was taken from you.

Available damages typically include:

• Medical expenses, including hospital care, imaging, neurological treatment, rehabilitation, and ongoing therapy

• Future medical costs when the injury requires long-term care

• Lost wages and reduced earning capacity if cognitive deficits affect your ability to work

• Pain and suffering for the physical pain and the emotional toll of the injury, alongside other personal injury damages

• Loss of enjoyment of life when the injury changes what you can do day to day

Liability depends on proving negligence. South Dakota uses a modified comparative fault system, and your share of fault, if any, can affect what you recover. We handle that analysis as part of building the case.

Important Aspects in Your Brain Injury Case

A few elements tend to drive the outcome in TBI matters more than anything else.

• Early medical documentation matters. Symptoms like memory problems, fatigue, mood changes, and difficulty concentrating need to be recorded by a treating physician, not just mentioned to family.

• Neuropsychological testing often becomes the backbone of the claim, particularly for mild TBIs that do not show up clearly on standard imaging.

• Witness testimony from family, coworkers, and friends about the impact of head injuries on day-to-day function can be powerful evidence.

• Insurance companies look hard for prior head injuries, prior medical issues, and any gap in treatment. We prepare the case knowing these arguments are coming.

Brain Injury Case Timeline

Every case moves at its own pace, but most brain injury claims follow a recognizable sequence. Knowing what to expect helps reduce some of the stress.

• Initial consultation and case investigation in the first weeks

• Medical treatment and documentation, which often runs for months

• Demand and negotiation with the insurance carrier once treatment stabilizes or reaches maximum medical improvement

• Filing suit if a fair settlement is not possible

• Discovery, depositions, and outside professional witness work

• Mediation, settlement, or trial

Some cases resolve in under a year. Severe injuries with long treatment projections can take longer.

What to Bring to Your Brain Injury Consultation

Bringing the right documents to your first meeting helps us assess your case quickly and accurately. If you have any of the following, please bring it:

• The accident or police report

• Medical records, ER paperwork, or imaging reports related to the injury

• Insurance correspondence from any party involved

• Photos of the scene, vehicles, or visible injuries

• A list of your treating providers and current medications

Your initial consultation is free, and you should expect a straightforward conversation about what happened, what you are dealing with now, and what your case may be worth.

South Dakota Legal Resources for Brain Injury

Below are resources for finding the South Dakota laws most relevant to brain injury claims. These are starting points, not legal advice for your specific situation.

• South Dakota’s statute of limitations for most personal injury claims is three years from the date of injury under SDCL § 15-2-14, with exceptions for minors and certain types of malpractice claims.

• South Dakota follows a modified comparative negligence rule that can reduce or bar recovery based on the injured person’s share of fault, which makes the liability investigation in a brain injury case especially important.

• General damages in a personal injury case can include economic losses like medical bills and lost wages, along with non-economic losses for pain, mental suffering, and reduced quality of life.

• The CDC reports that falls, motor vehicle crashes, and assaults are the leading causes of TBI hospitalizations and deaths in the United States, with older adults at the highest risk.

• Civil cases in Yankton are filed in the First Judicial Circuit through the Yankton County Clerk of Courts at 410 Walnut Street.

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

A brain injury claim is too important to handle alone, and the wrong moves early on can cost you during settlement negotiations. Our firm offers free initial consultations for brain injury cases, and there are no fees unless we recover for you. We will listen, give you an honest analysis of your case, and explain what comes next. Contact us to meet with our personal injury attorneys to review your legal options.