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Your Redfield Personal Injury Attorney
An injury changes the pace of your days. Medical visits, paperwork and worry about money can crowd out everything else. If you were hurt in Redfield because of another person’s actions, this page explains how South Dakota treats injury claims so you can plan your next step.
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.
What To Ask Before You Choose An Attorney In Redfield
A short list of questions can sort out who is right for you:
- 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).
- If you were partly to blame. Ask how a court would treat your share. The statute uses the word slight and does not give a percentage (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.
Injury Claims People Ask About
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
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
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). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
Injured in Redfield? Get matched with an attorney now.
When Fault Is Shared
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
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).
How Long You Have To File
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
An owner’s liability policy in South Dakota carries limits of $25,000 for bodily injury or death of one person in an accident, $50,000 for two or more people, and $25,000 for injury to or destruction of the property of others (SDCL § 32-35-70). Those are minimums, and a serious injury can cost far more.
Your own policy matters too. A policy insuring against bodily injury liability on a vehicle registered or principally garaged in the state must also provide uninsured and hit and run motorist coverage in limits equal to the policy’s bodily injury coverage, up to $100,000 per person and $300,000 per accident unless the insured requests more (SDCL § 58-11-9). Underinsured motorist coverage pays your uncompensated damages up to its limits, less what the other driver’s insurer paid, subject to the policy terms (SDCL § 58-11-9.5).
Where Treatment and Court Happen in Redfield
South Dakota Codified Law 16-5-1.2 places Spink County in the Fifth Circuit. Community Memorial Hospital in Redfield appears on the South Dakota Department of Health list of designated trauma hospitals as a designated trauma receiving hospital. For Census purposes Redfield is part of Spink County.
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.
Taking The First Step From Redfield
Fill in the form at the top of this page. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in South Dakota. The form is free to use, and sending it does not mean you have hired anyone.
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
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).
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).
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.
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.
Does it matter if my attorney knows the Redfield area?
Local knowledge can help with scheduling, courts and medical providers. The form on this page connects you with an attorney who takes cases near Redfield.
How long do I have to file an injury lawsuit in South Dakota?
For most injury claims, three years after 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).
Help Elsewhere in South Dakota
If your injury happened outside Redfield, one of these pages may fit better.
