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Your Brandon Personal Injury Attorney
Getting hurt rarely comes at a convenient time. You may be in pain, missing work and answering calls from an insurance company while trying to learn what you are owed. If your injury in Brandon was someone else’s doing, start with the basics below and go at your own pace.
Nothing on this page is legal advice, and NeedAnAttorney.net is not a law firm. It is a service that connects injured people with attorneys. The rules described here are quoted or summarized from South Dakota’s own statutes so that you can check them yourself.
Before You Hire: Questions For A Brandon Attorney
Ask these in any first conversation:
- The date. Ask the attorney to name the exact last day to file in your case. South Dakota’s general limit for a personal injury action is three years (SDCL § 15-2-14).
- Special rules. Ask which special rules could apply. Punitive damages need a court finding first (SDCL § 21-1-4.1), and a claim against a public entity needs a written notice within 180 days (SDCL § 3-21-2).
- Your share of fault. Ask how your own share of fault would affect your claim. In South Dakota your negligence does not bar a recovery when it was slight in comparison with the defendant’s, and damages are reduced in proportion (SDCL § 20-9-2).
- The people. Ask who will be in touch with you and how quickly they return calls.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
Common Kinds of Injury Claims
Vehicle crashes
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
Pedestrian and bicycle injuries
A collision on foot or on a bicycle is easy to dispute afterward. Record where it happened, what the road and signals were like, and who saw it, and keep any damaged clothing, helmet or equipment.
Falls and unsafe property
Wet floors, icy steps and broken railings cause injuries that turn on how long the hazard existed and who was responsible for it. Photograph the hazard as soon as you can and report the fall to whoever runs the property.
Wrongful death
When a death is caused by someone else’s wrongful act or neglect, the claim works differently from an injury claim. South Dakota law has a wrongful death action brought in the name of the personal representative for the exclusive benefit of the spouse and children, or if there are none, the parents and next of kin (SDCL § 21-5-5), and the jury may award damages proportionate to the pecuniary injury resulting from the death (SDCL § 21-5-7). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
Injured in Brandon? Get matched with an attorney now.
How Shared Fault Is Counted
If an insurer says the accident was partly your fault, that does not end the matter. SDCL § 20-9-2 says your contributory negligence does not bar a recovery when it was slight in comparison with the defendant’s negligence, with the damages reduced in proportion. The statute names the word slight and no number, which is why the first conversation with an attorney should cover how your own conduct will be described.
When more than one person is responsible, relative fault also matters between them. Where there is such a disproportion of fault among joint tortfeasors that an equal division would be inequitable, their relative degrees of fault are considered (SDCL § 15-8-15). When a judgment rests on joint and several liability, a party allocated less than fifty percent of the total fault may not be jointly liable for more than twice its percentage of fault (SDCL § 15-8-15.1).
Punitive Damages And Public Entities
Two rules decide whether some claims can go forward. For punitive damages, a court must first find a reasonable basis for willful, wanton or malicious conduct on clear and convincing evidence (SDCL § 21-1-4.1). For claims against government, notice within 180 days after the injury is required, and the notice does not toll or extend the time to start the action (SDCL § 3-21-2).
Notice goes to specific officers: the attorney general and the commissioner of human resources and administration for the State, the county auditor for a county, the mayor or city finance officer for a municipality, and the superintendent of schools for a school district (SDCL § 3-21-3).
Time Limits To Know
Time limits decide many injury cases. The usual South Dakota rule is three years for an action for personal injury (SDCL § 15-2-14) and three years after the death for wrongful death (SDCL § 21-5-3). Missing the date usually ends the case.
A minor or a person who was mentally ill when the cause of action accrued may have more time. The period of the disability is not counted, although the extension cannot exceed five years for any disability except infancy and cannot run more than one year after the disability ceases (SDCL § 15-2-22). A minor or incapacitated person may also ask the court to allow late notice to a public entity, with the request made within two years of the event (SDCL § 3-21-4).
What Auto Policies Must Cover
Minimum coverage is a floor, not a measure of your claim. South Dakota’s limits for an owner’s liability policy are $25,000 for one person, $50,000 for two or more people in one accident and $25,000 for property (SDCL § 32-35-70).
If a crash leaves you with more bills than the other driver’s policy pays, your own underinsured motorist coverage may pay uncompensated damages up to its limits, reduced by what the other insurer paid (SDCL § 58-11-9.5). Before accepting a payment, ask an attorney to check every policy that could apply.
The Judicial Circuit for Brandon
According to South Dakota Codified Law 16-5-1.2, the Second Circuit includes Minnehaha County. For Census purposes Brandon is part of Minnehaha County. Sanford USD Medical Center Pediatrics in Sioux Falls, which is in Minnehaha County, appears on the South Dakota Department of Health list of designated trauma hospitals as a designated regional trauma hospital. Avera Dells Area Hospital in Dell Rapids, also in Minnehaha County, is listed the same way, as a designated trauma receiving hospital.
Records matter later. Get the complete chart and an itemized bill from each place that treated you, and write down the date of every visit, including any transfer to another facility.
What Happens When You Send The Form From Brandon
Start with the form at the top. It asks a few questions about the injury. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in South Dakota. Using it is free, and it does not create an attorney client relationship.
Meanwhile, jot down the facts while they are fresh: date, time, place, who was there, what care you have had and what work you have missed. Save every bill and every message from an insurer.
Frequently Asked Questions
Can I still recover if the accident was partly my fault?
It depends on how your share compares. A recovery is not barred when your negligence was slight in comparison with the defendant’s, and the award is reduced in proportion (SDCL § 20-9-2). The statute gives no percentage.
Are punitive damages available after an accident?
In narrow cases. The defendant must have been guilty of oppression, fraud or malice (SDCL § 21-3-2), and a court finding on clear and convincing evidence comes first (SDCL § 21-1-4.1).
What are South Dakota’s minimum auto insurance limits?
At least $25,000 per person and $50,000 per accident for injury or death, and $25,000 for property damage (SDCL § 32-35-70).
Which records matter most after an accident?
Keep your medical records and itemized bills, photographs of the scene and injuries, any police or incident report number, proof of missed pay, repair estimates, and all messages from insurers.
Do I have to give the other insurer a recorded statement?
Not right away. You may decline a recorded statement until you have talked to someone about your options, and saying so is fine.
Is a claim against a public entity different in South Dakota?
It is. A written notice within 180 days after the injury is a condition of suing a public entity or its employees (SDCL § 3-21-2), and it must go to the officers named in SDCL § 3-21-3.
Should my attorney be local to Brandon?
Not required, but useful. Someone who works regularly near Brandon will know how the nearby courts and clinics operate.
What is the South Dakota statute of limitations for an injury claim?
Generally three years (SDCL § 15-2-14). For a wrongful death, the limit is three years from the date of death (SDCL § 21-5-3).
Help Elsewhere in South Dakota
The same matching service covers more of South Dakota. Pick the community closest to where it happened.
