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Your Deadwood Personal Injury Attorney
After an injury, ordinary life gets heavy. There are appointments to keep, bills arriving, and a claim that nobody explained to you. If another person’s carelessness hurt you in Deadwood, it is reasonable to want a clear picture before you decide anything.
We match people with attorneys; we do not advise on cases. Treat what follows as a plain language guide to South Dakota law drawn from the statutes. When you want to talk to an attorney, the form at the top of this page is the way to start.
What To Ask Before You Choose An Attorney In Deadwood
Bring these to your first call, whoever it is with:
- The deadline. Ask for the specific last day to file. A civil action for personal injury must be commenced within three years after the cause of action accrued (SDCL § 15-2-14).
- 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).
- 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).
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
- The people. Ask who will be in touch with you and how quickly they return calls.
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
Walkers and cyclists hurt by a vehicle should write down the location, the time of day, the lighting and the signals as soon as they can. Witnesses who stopped are valuable, so ask for their contact details before they leave.
Falls and unsafe property
Slips, trips and falls come from spills, uneven surfaces, poor lighting and broken stairs. What matters is who controlled the place and how long the problem was there, so document the hazard and tell the owner or manager promptly.
Wrongful death
If someone you love died because another person was careless or at fault, the law treats it separately. 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). This is a hard moment to decide anything, and an attorney can walk you through the steps without hurrying you.
Injured in Deadwood? Get matched with an attorney now.
If You Were Partly At Fault
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
Ask early whether a special rule applies to your claim. Punitive damages require the court finding described in SDCL § 21-1-4.1 and a showing of oppression, fraud or malice (SDCL § 21-3-2).
If a public entity or one of its employees caused the injury, a written notice is a condition of suing. No action for damages for personal injury, property damage, error, omission or death caused by a public entity or its employees may be maintained unless written notice of the time, place and cause of the injury is given within 180 days after the injury (SDCL § 3-21-2).
Filing Deadlines For Injury Claims
South Dakota allows three years to commence a civil action for personal injury, counted from when the cause of action accrued (SDCL § 15-2-14). A wrongful death action must be commenced within three years after the death (SDCL § 21-5-3). The type of claim sets the date, so ask any attorney to name the last day in your case.
If a public entity may be responsible, the 180 day written notice comes first, and it does not extend the time to sue (SDCL § 3-21-2).
What Auto Policies Must Cover
The other driver’s policy may be smaller than your bills. In South Dakota an owner’s policy carries limits of 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).
When your losses are larger, look at your own coverage. Under SDCL § 58-11-9, a liability policy delivered in the state for a vehicle registered or principally garaged there must include uninsured motorist coverage equal to its bodily injury limits, within the $100,000 and $300,000 ceiling unless more is requested. Ask your attorney to look at every policy that could apply.
Medical Care and the Courthouse for Deadwood
Deadwood lies within Lawrence County. South Dakota Codified Law 16-5-1.2 places Lawrence County in the Fourth Circuit. The South Dakota Department of Health list of designated trauma hospitals names Monument Health Deadwood in Deadwood as a designated trauma receiving hospital.
Keep copies of everything the hospital or clinic gives you, ask for an itemized bill, and note each appointment as it happens. If you moved between facilities, collect the records from each one.
Reaching Out For Help In Deadwood
The form at the top of this page is the starting point. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in South Dakota. It costs nothing to use and does not commit you to anything.
Until someone calls, make a simple record: what happened, the date and time, names of anyone who saw it, the treatment you have had, and the days you missed from work. Keep every bill and letter in one place.
Frequently Asked Questions
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.
When will I know what my claim is worth?
It depends on how long you need treatment and how the insurer responds. Settlement usually comes after your condition is clear, and a lawsuit adds time.
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).
If I was partly responsible, can I still recover something?
Yes, if your contributory negligence was slight in comparison with the negligence of the defendant. Your damages are then reduced in proportion to your share (SDCL § 20-9-2).
Can I recover punitive damages in an injury case?
Sometimes. They are possible where the defendant was guilty of oppression, fraud or malice (SDCL § 21-3-2), and the court must first find, after a hearing and on clear and convincing evidence, a reasonable basis to believe the conduct was willful, wanton or malicious (SDCL § 21-1-4.1).
How much liability coverage must a South Dakota driver carry?
The limits are $25,000 per person, $50,000 per accident and $25,000 for property damage (SDCL § 32-35-70).
What documents should I keep after an injury?
Medical records and bills, photographs, the police or incident report number, pay stubs showing missed work, repair estimates and every letter or email from an insurer.
Can I talk to the other side’s insurance company?
You can, but you do not have to give a recorded statement right away. It is fair to say you are getting advice first.
Injury Attorney Pages For Other South Dakota Communities
The same matching service covers more of South Dakota. Pick the community closest to where it happened.
