What Types of Damages Can You Recover After an Accident in South Dakota?

Non-economic damages are intended to compensate you for the pain and suffering caused by your injuries.


If you were injured in an accident caused by someone’s negligence, South Dakota laws allow you to file a personal injury claim or take the case to court if you can’t agree on a settlement with the insurance company. For minor accidents, like a fender bender, the damage recovery process is fairly simple, but if you’ve been seriously injured, you should consider talking to a seasoned professional. South Dakota Accident Lawyer to explain your options.

Why should I hire an accident attorney in South Dakota?

Money. Serious injuries require extensive medical attention and the costs can be exorbitant. Add to that your lost income during the time of your recovery and you’ll need some serious money. Most personal injury claims can be settled with the insurance company, but it’s going to be a battle.

Insurance companies like it when they take your money and they insist that you pay your premium on time. When it comes to keeping their end of the bargain and covering your damages, they will do everything in their power to minimize the value of your claim. You will need a hard Sioux Falls accident attorney negotiate for you, because claims adjusters are very adept at finding false pretenses to reduce your damages.

If, for example, you hurt your back slipping and falling, they might claim you had a pre-existing medical condition and your current pain has nothing to do with the accident.

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Likewise, if you are injured in a car accident, they will try to shift some of the blame onto you to minimize your damages or deny your claim altogether. South Dakota uses a modified comparative fault rule and you can recover damages even if you are partly at fault in an accident.

What type of damage can you recover after an accident?

First, you can recover compensatory damages which are of two types: economic and non-economic.

Economic damage should cover all your medical expenses, any property damage, as we

It’s like your lost wages, past and future, if you won’t be able to work for a long time.

Non-economic damage are intended to compensate you for the pain and suffering caused by your injuries. It refers to both physical pain and mental suffering. These are determined based on the severity of your injuries and the extent to which they impacted your life. A accident lawyer with many years of experience in the field can help you assess your pain and suffering.

For certain types of accidents, such as medical malpractice or product liability, compensatory damages are capped at $1,000,000.

Punitive damages are usually granted if the case goes to trial and only in certain types of accidents. Your lawyer will have to prove that the culprit acted with gross negligence, with total disregard for the safety of others or with malicious intent. For example, you can claim punitive damages in a DUI case if the drunk driver had a high blood alcohol level or had a previous drunk driving conviction. Punitive damages aren’t capped in South Dakota, so it’s up to your attorney’s skill to decide how much money you can get.