Personal Injury Claims in South Dakota

If you’ve been injured in an accident in South Dakota, prioritize your safety and check yourself and others for injuries. Even if your injuries seem minor, call 911 to report the accident and request medical assistance, as some injuries may not be immediately apparent.

Adhere to any medical advice healthcare professionals provide, whether at the scene or in a hospital. Follow all prescribed treatments and maintain thorough records of your medical care. These records can be critical in determining your total damages if your personal injury claim proceeds to trial. Additionally, they demonstrate that you approached your injuries with seriousness. Most importantly, these treatments are essential for your recovery and for moving forward with your life.

At the scene of the accident, if you are able, use your phone to capture photos and videos of the accident scene, including vehicle damage, road conditions, visible injuries, traffic signals, and anything else that may be relevant to your case: exchange contact and insurance information with the other party involved. Collect names, phone numbers, and statements from witnesses who saw the accident.

Next, file a police report. A police report is an official incident record, which can be critical evidence when filing your claim. When speaking to officers, be truthful and stick to the facts.

Then, report the accident to your insurer. Be honest, but avoid admitting fault or making statements that could be used against you later.

Finally, speak to a personal injury lawyer at Morgan & Morgan. Contacting an experienced personal injury attorney can help protect your rights, gather evidence, and navigate the complexities of filing a claim. An attorney will ensure you meet South Dakota's legal deadlines.

Morgan & Morgan offers free case evaluations to explain your rights and guide you through the next steps.

Choosing the right attorney after an injury is crucial to securing the compensation you deserve.

Morgan & Morgan is the largest personal injury law firm in America, with a proven track record of success. Our South Dakota team combines national resources with local expertise, ensuring that we understand the unique aspects of South Dakota law and South Dakota courts. With over 35 years of experience and over $20 billion recovered for our clients, we have the knowledge and resources to take on even the most challenging cases.

Because we believe everyone deserves top-tier legal representation, no matter their financial situation, at Morgan & Morgan, we work on a contingency fee basis. This means you pay nothing upfront and no fees unless we win your case. This fee structure allows us to fight for your best interests without adding financial stress.

We understand that dealing with an injury can be overwhelming. Morgan & Morgan’s South Dakota attorneys are committed to providing personalized attention to every client. We keep you informed throughout the legal process, answer all your questions, and are always available to discuss your case. Our attorneys treat every client with respect, compassion, and a dedication to fighting for justice.

Our South Dakota attorneys know the city’s legal landscape, including local courts, judges, and opposing attorneys. This local knowledge allows us to anticipate challenges and tailor our strategy to maximize your chances of success. We know what it takes to win in South Dakota and are ready to put that knowledge to work for you.

At Morgan & Morgan, our motto is “For the People.” We are passionate about fighting for justice on behalf of our clients and ensuring that their voices are heard. Our commitment to client satisfaction is reflected in the positive feedback we receive and the numerous referrals from satisfied clients.

If you’ve been injured in an accident, choosing Morgan & Morgan means selecting a law firm to fight tirelessly for your rights and well-being. Contact us today for a free case evaluation, and let us help you navigate the legal process and secure the compensation you deserve. You don’t have to face this alone—we’re here to support you every step of the way. 

You might be entitled to compensation if you've been injured due to someone else's negligence. We want to ensure everyone can access information and get justice, so you can simply contact Morgan & Morgan for a free case evaluation to learn more about your legal options. Our team can review the details of your situation and advise you on the best course of action.

To have a valid personal injury claim, you must prove that another party’s negligence caused your injuries. This includes demonstrating the following elements:

• Duty of Care: The other party was legally obliged to act in a certain way (e.g., driving safely, maintaining safe premises).
• Breach of Duty: The other party failed to meet that duty of care through their actions or inactions (e.g., speeding, failing to fix a hazard).
• Causation: There must be a direct link between the breach of duty and your injuries. You need to show that their actions were the actual cause of your harm.
• Damages: You suffered actual damages, such as medical expenses, lost wages, pain and suffering, or other losses from the accident.

The best way to determine if you have a valid case is to consult with an experienced personal injury attorney. They can help you evaluate the specifics of your situation, gather and analyze evidence, understand your rights and options under South Dakota law, and guide you through the legal process.

The amount of time you have to file a personal injury claim, known as the statute of limitations, varies by state and the specifics of your case. However, exceptions, such as in cases involving minors, government entities, or when the injury wasn’t discovered immediately, may apply.

It's important to file your claim as soon as possible to preserve your legal rights. Failing to file within the statute of limitations could result in your case being dismissed, meaning you may lose the opportunity to recover compensation for your injuries.

Since deadlines can vary by state and situation, it's best to consult with a personal injury attorney as soon as possible after the incident to understand the specific timeline for your case. An attorney can help ensure your claim is filed correctly and on time.

Morgan & Morgan’s South Dakota attorneys work on a contingency fee basis, meaning there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.

Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.

No, you do not have to pay for a consultation with a South Dakota personal injury lawyer at Morgan & Morgan. Our personal injury attorneys offer free consultations to potential clients.

If you choose to work with Morgan & Morgan’s South Dakota office, our personal injury lawyers work on a contingency fee basis. This means you only pay legal fees if your attorney successfully recovers your compensation. If you don’t win, you don’t owe any fees.

Compensation from a personal injury case may vary widely depending on the specifics of your case, but generally, it may include:

Medical Expenses

You could recover the costs of medical treatment related to your injury, including hospital bills, doctor visits, surgery, physical therapy, prescription medications, and any future medical care you may need.

Lost Wages

If your injury has caused you to miss work, you may be compensated for lost wages. This includes not only the income you have already lost but any future earnings you may be unable to earn due to your injury.

Pain and Suffering

Compensation for pain and suffering addresses the physical pain and emotional distress caused by your injury. This could include compensation for chronic pain, anxiety, depression, and reduced quality of life.

Property Damage

If your personal property was damaged due to the incident, you might be entitled to compensation for repair or replacement costs. This often applies to cases involving car accidents, where vehicle damage is a significant factor.

Loss of Consortium

In some cases, your spouse or family members may be entitled to compensation for the loss of companionship, support, and services resulting from your injury.

Punitive Damages

In cases where the defendant's actions were particularly egregious or reckless, you might be awarded punitive damages. These are intended to punish the wrongdoer and deter similar behavior in the future.

Disability and Disfigurement

Suppose your injury has resulted in a long-term or permanent disability or disfigurement. In that case, you may be entitled to compensation for the impact on your ability to work and perform everyday activities and the emotional toll of such changes.

Other Related Expenses

You may also recover other expenses related to your injury, such as transportation costs for medical appointments, home modifications needed to accommodate a disability, and the cost of assistive devices like wheelchairs.

Every case is unique, and the specific compensation you may recover will depend on the circumstances of your injury and the extent of your damages. At Morgan & Morgan, our experienced attorneys will thoroughly assess your case and fight to ensure you receive the full compensation you deserve.

When you hire Morgan & Morgan, you don’t just hire a lawyer; you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C. 

Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney overseeing your case and ensuring you receive personalized attention throughout the process.

After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way.

These meetings can be handled in person, virtually, and by phone, depending on your case’s requirements and your ability to do so.

Yes, Morgan & Morgan has a diverse team of attorneys who speak multiple languages, including Spanish. We strive to ensure that language barriers do not prevent you from receiving the legal representation you deserve.

After you submit your personal injury claim in South Dakota, the insurance company for the at-fault party will review it. The insurer will assign a claims adjuster to your case, who will investigate the accident details, review documentation, and evaluate the extent of your injuries. The adjuster may collect evidence such as police reports, medical records, witness statements, and other relevant information to assess liability and damages.

The insurance company will thoroughly review all submitted documentation, including medical records, accident reports, and other evidence. To better understand the incident, they may contact witnesses, seek expert opinions, or conduct site visits.

After gathering evidence, the insurance adjuster will evaluate your claim based on a liability assessment and a damage calculation. The insurance company will typically extend a settlement offer based on its evaluation. This offer may be lower than what you might expect or need. Reviewing this offer carefully is essential, as it may not fully account for all your damages. If the initial offer is unsatisfactory, your Morgan & Morgan personal injury attorney can negotiate on your behalf to pursue a fair settlement reflecting your claim's true value.

Negotiations can involve back-and-forth communication between your attorney and the insurance adjuster. Your attorney may present a counteroffer based on your assessment of damages, leading to further discussions until a mutually acceptable agreement is reached. You may need to file a lawsuit if negotiations do not lead to a satisfactory settlement.

While many personal injury cases can be resolved through settlements before reaching a trial, this depends on the facts of the case. Settling out of court can be a quicker, less stressful, and more cost-effective way to resolve a case. 

However, whether your case will settle or go to trial depends on several factors, including the strength of the evidence, the willingness of the other party to negotiate, and your preferences. At Morgan & Morgan, we prepare every case as if it will go to trial to ensure we are ready to fight for the maximum compensation possible. Our attorneys are fully prepared to take your case to court if a fair settlement cannot be reached.

The timeline for a personal injury lawsuit depends on several factors, including the case's complexity, the injuries' severity, and how willing the parties are to negotiate a settlement. While some cases can be resolved within a few months, others may take years, particularly if they proceed to trial. 

At Morgan & Morgan, our attorneys work diligently to move your case forward as efficiently as possible while ensuring no corners are cut. We will provide you with an estimated timeline based on the specifics of your case and keep you informed of any changes. To learn more, get a free case evaluation today.

At Morgan & Morgan, we understand that staying informed about your case is important to you. In South Dakota, our attorneys are committed to keeping you updated regularly throughout the legal process. You will receive updates at key stages of your case, including when there are new developments, when we receive important information, or when decisions need to be made. These updates ensure you are always aware of what’s happening and can make informed choices.

In addition to updates during significant milestones, our team will schedule periodic check-ins to discuss your case's progress, answer any questions, and address any concerns you may have.

If you have questions or need an update outside of scheduled communications, feel free to contact your attorney or case manager. We prioritize prompt responses because we value open communication as a cornerstone of a successful client-attorney relationship.

Our goal is to keep you informed with clear and transparent updates, ensuring you always understand the status of your case. We are committed to guiding you through every step of the process and ensuring you feel fully supported.

Los abogados de lesiones personales de Morgan & Morgan entendemos lo importante que es resolver todas sus preguntas legales en el idioma en el que usted pueda entender mejor. Por eso contamos con una sección de Preguntas Frecuentes en nuestra página de abogados.com. Recuerde que en caso de ser victima de un accidente y necesitar ayuda legal, usted cuenta con los abogados de Morgan & Morgan. Siendo el bufete de abogados de lesiones personales más grande de los Estados Unidos, contamos con los recursos y la experiencia que usted necesita para defender sus derechos. ¡La justicia es derecho de todos!