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Your Miller 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 Miller, 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.
Questions Worth Asking In Miller
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).
- 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).
- 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.
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
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 a loved one died because of another person’s wrongful act or omission, a different set of rules applies. 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.
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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.
Limits And Rules To Know
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).
Time Limits To Know
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
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.
Courts and Hospitals in Miller
Hand County belongs to the Third Circuit under South Dakota Codified Law 16-5-1.2, which lists the counties of each circuit. Avera Miller in Miller appears on the South Dakota Department of Health list of designated trauma hospitals as a designated trauma receiving hospital. For Census purposes Miller is part of Hand 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.
Reaching Out For Help In Miller
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
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 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.
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.
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.
Where would my injury case be filed?
That depends on the defendants, the amount at stake and where the injury happened, so ask the attorney you speak with to name the court and explain why. The courts named in the section above are the ones listed by the state judiciary for this area.
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).
Does South Dakota bar me from recovering if I share the blame?
Yes, as long as your negligence was slight in comparison with the defendant’s. The statute does not define slight, so ask an attorney how courts apply it (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).
If You Were Hurt Somewhere Else In South Dakota
If your injury happened outside Miller, one of these pages may fit better.
