Personal Injury Law in South Dakota
South Dakota requires the plaintiff to prove that another party was at fault for the incident. In South Dakota there is a comparative negligence law and pure comparative fault rule. With these rules in effect, if a party’s responsibility is less than any others involved they are entitled to compensation. When multiple people are involved in the incident, every person that is less than 50 percent responsible does not have to pay more than twice what they are responsible for. If each of the involved parties are around the same amount of responsibility they will be responsible for their own amount of responsibility in the matter.
When dealing with consumer products in South Dakota, strict liability law is in effect. To be successful in a consumer product lawsuit in South Dakota, there must be proof that the product was flawed in a way that made it unsafe, the product must have been being used correctly, the flaw hurt or injured the consumer, and because of the injury the consumer suffered monetary and non-monetary losses.
In most cases, defendants that lose a personal injury lawsuit are responsible for a several things. For example, they would be responsible for any payments made by the plaintiff relating to the personal injury case. The defendant is also responsible for any funds lost by the suing party, personal property damage, bodily injuries or permanent personal damage, pain either physical or emotional, any other costs due to the personal injury lawsuit at hand. This does not include attorney’s fees which are paid out of the total settlement amount.
In the cases of medical malpractice it is always best to consult a medical expert in the field of the specific incident.
The statute of limitations in South Dakota is three years. If a claim is not filed within this three year window, one cannot be filed. Consult a qualified South Dakota Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
Major Cities/Towns in South Dakota: