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Your Flandreau Personal Injury Attorney
Nobody plans for the call that follows an accident. Whether you were hurt in a crash, a fall or something else in Flandreau, the weeks afterward bring decisions that feel bigger than they should. Here is what South Dakota law says, in plain terms, so you can ask better questions.
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.
Before You Hire: Questions For A Flandreau Attorney
Bring these to your first call, whoever it is with:
- 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 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).
- Punitive damages. Ask whether the facts could support them. A 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).
- 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
Whether the collision was minor or serious, the same early steps help: get checked by a doctor, photograph the vehicles and the scene, exchange insurance information and keep any repair estimates.
Pedestrian and bicycle injuries
If a driver hit you while you were on foot or on a bike, note exactly where it happened, what the signals and lighting were like, and who saw it. Ask the people who stopped to leave their names and numbers.
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). 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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If You Were Partly At Fault
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.
Limits And Rules To Know
Punitive damages are possible in South Dakota only in narrow circumstances. Under SDCL § 21-3-2, where the defendant has been guilty of oppression, fraud or malice, actual or presumed, the jury may give damages for the sake of example and by way of punishing the defendant, in addition to the actual damage. Before any discovery on punitive damages begins and before the claim can go to the fact finder, the court must find, after a hearing and on clear and convincing evidence, a reasonable basis to believe there was willful, wanton or malicious conduct (SDCL § 21-1-4.1).
Your actual losses, such as medical bills, lost income and pain, are a separate matter and do not depend on those steps.
Filing Deadlines For Injury Claims
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).
Insurance Minimums in South Dakota
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).
Medical Care and the Courthouse for Flandreau
Avera Flandreau Medical Center in Flandreau appears on the South Dakota Department of Health list of designated trauma hospitals as a designated trauma receiving hospital. According to South Dakota Codified Law 16-5-1.2, the Third Circuit includes Moody County. The Census Bureau counts Flandreau in Moody County.
Whichever provider treated you, request your complete records and an itemized bill, and keep a list of every appointment. If you were transferred to another hospital, ask for the paperwork from both ends of the transfer.
Beginning Your Case Review In Flandreau
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
What is the deadline to sue for an injury in Flandreau?
Three years for a civil action for personal injury (SDCL § 15-2-14), and three years after the death for wrongful 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).
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 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).
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.
Should I speak with the other driver’s insurance company?
You are free to talk to them, but you are not required to give a recorded statement immediately. Saying that you want advice first is a reasonable answer.
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.
What comes first after an injury?
Seek medical attention first. Then report what happened, photograph the scene and your injuries, and note the details in writing while they are fresh.
Help Elsewhere in South Dakota
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