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Your Garretson 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 Garretson, it is reasonable to want a clear picture before you decide anything.
A quick note on what this page is: general information about South Dakota injury law, written from the statutes, from a matching service that does not practice law. It is meant to help you ask good questions, not to decide your case.
What To Ask Before You Choose An Attorney In Garretson
Whoever you speak to, a few answers tell you a lot:
- 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).
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
Kinds of Injury Claims
Vehicle crashes
After a crash, see a doctor even if you feel fine, since some injuries show up later. Take photographs of the cars, the road and any injuries, get the other driver’s insurance details, and save every repair estimate.
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
Falls on someone else’s property usually depend on what the owner knew or should have known about the hazard. Photograph the spot before it changes, report the fall in writing, and keep the shoes you were wearing.
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). You do not have to sort this out alone or quickly; an attorney can explain who is allowed to act and what the dates are.
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How Shared Fault Is Counted
Many people assume that a mistake of their own ends a claim. South Dakota law has a specific rule for it. Under SDCL § 20-9-2, contributory negligence does not bar a recovery when the plaintiff’s contributory negligence was slight in comparison with the negligence of the defendant, and in that case the damages are reduced in proportion to the plaintiff’s contributory negligence.
The statute does not define slight and gives no percentage, and it provides that the question is decided without telling the jury a percentage of the plaintiff’s fault by special interrogatory (SDCL § 20-9-2). Because one word carries so much weight, ask an attorney how courts have treated a share like yours.
Special Rules That Can Apply
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
The general deadline is three years for a personal injury action (SDCL § 15-2-14) and three years from the death for a wrongful death action (SDCL § 21-5-3). Claims against government add a step. A written notice of the time, place and cause of the injury must be given within 180 days after the injury (SDCL § 3-21-2), and the notice does not extend the time to start the action.
Where the notice goes depends on the defendant: for a county, the county auditor; for a municipality, the mayor or city finance officer; for a school district, the superintendent of schools (SDCL § 3-21-3).
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 Garretson
Look up Minnehaha County in South Dakota Codified Law 16-5-1.2 and you find it in the Second Circuit. For Census purposes Garretson is part of Minnehaha County. The South Dakota Department of Health list of designated trauma hospitals shows Sanford USD Medical Center Pediatrics in Sioux Falls, Minnehaha County, 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.
Ask every provider for your full records and an itemized bill, and keep a running list of appointments. A transfer between hospitals leaves two sets of records, so request both.
What Happens When You Send The Form From Garretson
Use the form at the top of the page to tell us what happened. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in South Dakota. There is no charge to submit it, and submitting it does not hire anyone.
While you wait, write down what happened and when, who saw it, what treatment you have received and how many days of work you missed. Put bills, letters and insurance messages in one folder.
Frequently Asked Questions
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).
How much insurance does the other driver have to have?
An owner’s policy carries limits of $25,000 for bodily injury or death of one person, $50,000 for two or more people in one accident, and $25,000 for property damage (SDCL § 32-35-70).
What should I save for my claim?
Save treatment records and bills, photographs, the report number if there is one, pay stubs that show lost work, estimates for repairs, and every letter or email from an insurance company.
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.
Are there special notice rules for claims against the government?
There are. No action against a public entity or its employees for personal injury or death may be maintained without written notice within 180 days after the injury (SDCL § 3-21-2), and the notice does not extend the filing deadline.
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).
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