Personal Injury Claims & Lawsuits In South Dakota

Common Types of Personal Injury Claims Filed in South Dakota

Many types of accidents can leave you with injuries. The following are the ones that tend to result in personal injury claims & lawsuits in South Dakota most often. By understanding the various laws surrounding them, you can have an easier time pursuing compensation.

Motor Vehicle Accident

South Dakota has tort laws for motor vehicle accidents. This means that you will need to file against the other party’s insurance to recover losses. You can do this by contacting your own insurance company first and letting them communicate with the other company, or pursuing the claim yourself with help from an attorney.

In these types of accidents, the plaintiff must demonstrate that the other driver displayed negligence. The defendant will strive to show that you were partly responsible for your losses.

South Dakota doesn’t have comparative negligence laws. Instead, the state allows you to still recover losses if your involvement was “slight” and the other party’s was “gross.” In these personal injury claims & lawsuits in South Dakota involving car accidents, you have a 60% chance of winning.

General Injury

For general injury cases, you typically file against the liable party’s insurance company. This can include their homeowners, vehicular, or general liability insurance. You can file lawsuits against the person responsible for causing your injuries and anyone else who could have been partly responsible as a result of vicarious liability.

The plaintiffs are those who are filing the personal injury claims & lawsuits in South Dakota, while the defendants are the people being sued. Nationally, about 50% of these cases that go to trial succeed.

Workers' Compensation

Your employer’s workers’ compensation insurance can address these claims. With an attorney, you can negotiate with the adjuster to cover your losses. Because this is no-fault insurance, you won’t be able to file a lawsuit against your employer. You could, however, begin a lawsuit against a third party.

In these claims, the plaintiff is the injured worker seeking benefits. The defendant is the employer or the insurance company meant to provide those benefits. Because few workers’ comp claims go to trial, there’s no average success rate.

Sexual Assault

Survivors of sexual assault can begin personal injury claims & lawsuits in South Dakota against the defendant’s general liability, homeowners or car insurance. You can also file a lawsuit against the perpetrator.

The plaintiff in these cases needs to demonstrate that sexual activity occurred without their consent or when they were unable to grant consent, and that the defendant was the person responsible for their harm. Generally, the success rate at trial for sexual assault cases is about 50%.

Dog Bite

After a dog bite, you can negotiate with the dog owner’s homeowners insurance company. You may be able to file a lawsuit against them or the party who was in physical control of the animal when the bite occurred.

The plaintiff will need to demonstrate that the dog had either bitten someone before or that the incident occurred because of negligence. As a defense, the other party might state that the plaintiff provoked the animal or was on the property illegally. Nationwide, 75% of dog bite trial plaintiffs are successful.

Slip and Fall

If you slip and fall, you can file an insurance claim against the liable party’s homeowners’ or general liability insurance. If negotiations fail, you can begin a lawsuit against the owner of the property where the accident occurred.

As the plaintiff, you must show that the owner should have known that a hazard existed on their property and taken steps to resolve it. The defendant will have to demonstrate that they didn’t know about the dangerous condition or that it was visible enough for the plaintiff to have avoided it. Plaintiffs in premises liability cases can expect a 39% success rate at trial.

Medical Malpractice

You can file a medical malpractice claim against the medical professional’s insurer. If they were an employee of a hospital, you could file a claim against the facility’s insurer, too. For a lawsuit, you would file directly against the negligent party.

The plaintiff has to demonstrate that they received substandard care, which caused their injuries. The defendant will need to establish that any other medical professional would have acted in the same manner. Patients win up to 30% of their cases on average.

Filing a Personal Injury Claim

To file most personal injury claims & lawsuits in South Dakota, the statute of limitations is typically three years. That window is narrowed to two years for malpractice.

You will need to get medical attention to establish a record of your injuries and then seek assistance from an attorney. They can file a notice of claim against the defendant and begin settlement talks. If negotiations fail, your attorney can file a lawsuit.

Typical Personal Injury Settlement Amounts in South Dakota

Throughout the country, the average settlement for car accidents is $30,416. For sexual assault, settlements can range from $750,000 to $1,150,000. Medical malpractice settlements can be between $200,000 and $300,000. Most cases will settle out of court, but if you need to go to trial, expect higher awards but also higher costs.

When You Need to File a Lawsuit

You will need to file a lawsuit if you’re not able to obtain the settlement you deserve or if fault is disputed. Once the lawsuit is filed, the discovery phase begins. Only 15% to 20% of cases involve lawsuits, and of those, only between 3% and 5% go to court.

Get Matched With a Personal Injury Lawyer in South Dakota

An attorney can help you navigate the challenges that these claims pose. They can investigate the accident, gather evidence and negotiate with insurers on your behalf. At ConsumerShield, we can easily and quickly connect you with experienced lawyers in South Dakota. Contact our team to learn more today.