Jul, 2016

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posted in Wilka, Welter & Ash LLP Law Blog.

How to Get Compensation for Personal Injury

How to Get Compensation for Personal Injury

Don’t Suffer in Silence; Take Advantage of Your Right to Justice

If you’ve experienced an accident or injury due to someone else’s negligence, you have some time-sensitive decisions to make. In South Dakota, victims have up to three years after the date of an incident to file a lawsuit against an individual or business. Personal injury claims against a government employee or agency in South Dakota must be filed within one year of the event. You can view the statute of limitations for personal injury in South Dakota on the state legislature’s website.

Comparative Fault Laws in S.D.

Like many states, South Dakota has specific laws to determine compensation for personal injuries when the victim shares some responsibility for the incident. If a judge finds you to be partially at fault for your injury, the maximum amount you can collect from the plaintiff will be limited by the percentage of the blame you share. If your insurance company gets involved, they may use the same comparative fault formula to adjust your payout.

Personal Injury Damage Caps in S.D.

South Dakota also has laws limiting the amount in damages that victims may receive in personal injury cases. For example, awards in medical malpractice cases and product liability cases are capped at a total of $1,000,000, which includes compensation for medical bills, lost wages and non-economic pain and suffering damages. Punitive charges, which are awarded specifically to penalize the perpetrator for breaking the law, have no such cap in South Dakota.

Wilka & Welter Wins Personal Injury Cases in Sioux Falls, South Dakota

With a combined 40 years of litigation experience, the lawyers at Wilka & Welter, LLP have an impressive track record for helping personal injury victims seek justice. In addition to representing victims in civil cases regarding worker’s compensation and family law, we also defend clients facing criminal charges such as DUI and DWI cases. If you’ve suffered economic or non-economic damages due to an accident or injury in Sioux Falls, S.D., do not wait until your time to file a claim expires. Contact our office to set up a consultation for legal representation, and we will work together to make sure you are justly compensated.