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Your Yankton 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 Yankton because of another person’s actions, this page explains how South Dakota treats injury claims so you can plan your next step.
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.
Questions Worth Asking In Yankton
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).
- 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.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
Common 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
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
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). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
Injured in Yankton? Get matched with an attorney now.
When Fault Is Shared
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
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.
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
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 Yankton
Look up Yankton County in South Dakota Codified Law 16-5-1.2 and you find it in the First Circuit. The South Dakota Department of Health list of designated trauma hospitals names Avera Sacred Heart Hospital in Yankton as a designated trauma receiving hospital. The Census Bureau counts Yankton in Yankton County.
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.
How To Take The First Step In Yankton
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.
Before the first call, collect the basics: the date, the place, names of witnesses, your medical visits and your missed work. A single folder for bills, letters and photographs saves time later.
Frequently Asked Questions
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.
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.
Do I need an attorney who works near Yankton?
It helps. An attorney who handles cases near Yankton knows the local courts and providers, and the form on this page matches you with one.
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).
What does South Dakota require for punitive damages?
A court must find, after a hearing and on clear and convincing evidence, a reasonable basis to believe there was willful, wanton or malicious conduct before discovery on punitive damages begins or the claim goes to the fact finder (SDCL § 21-1-4.1). The standard of oppression, fraud or malice is in SDCL § 21-3-2.
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.
If You Were Hurt Somewhere Else In South Dakota
The same matching service covers more of South Dakota. Pick the community closest to where it happened.
