South Dakota Personal Injury Laws
Posted by Becca
The South Dakota personal injury laws are meant to help people who have been injured due to the carelessness of another person. If you find yourself in this situation, it’s important to read up on the laws so that you know what to expect so that your case can go as smoothly and as quickly as possible.
The South Dakota personal injury laws do allow you up to three years to file a claim, but that doesn’t mean you should wait that long to get started. You’ll want to gather the names and contact information for everyone involved in the incident that caused your injury (including witnesses). You also should record your account of the incident as soon as you can so that you can include as much detail as possible.
If you’re trying to decide whether or not you should file a personal injury lawsuit, you might want to consider what the South Dakota personal injury laws will require of you. First of all, if your injury was caused by the negligence of a person, you’ll need to prove that this negligence exists and that it caused your injury. You can do this by showing that the person failed to use reasonable care to ensure your safety. If your injury was caused by a faulty product, you’ll need to show that the product was defective and that the defect caused your injury. You’ll also need to show that you used the product in its intended manner. In either situation, you’ll also be asked to provide a link between your injury and the damages you’re requesting.
Throughout the course of your case, you might be found to have some responsibility for a percentage of fault in the case. When this happens, the South Dakota refers to what is called a doctrine of comparative negligence. This means that your recoverable damages will be reduced in proportion to your percentage of fault in the case.
If your case involves more than one defendant, the South Dakota personal injury laws will hold each individual defendant liable to you for no more than two times the amount proportional to his or her percentage of fault.
The personal injury laws in South Dakota allow you to request damages to cover lost wages, medical bills, replacement or repair of damaged property, pain and suffering and any other expenses as a direct result of your injury.
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