When it comes to personal injury laws, each state has its own set of rules and regulations. South Dakota is no exception. If you have been injured in South Dakota, it is important to understand the state’s personal injury laws and how they differ from federal laws.
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Overview of South Dakota Personal Injury Laws
South Dakota’s personal injury laws cover a wide range of accidents and injuries, including slip and falls, car accidents, medical malpractice, and dog bites. The state follows a modified comparative fault system, which means that a person can only recover damages if they are less than 50% at fault for the accident.
Statute of Limitations
One of the major differences between South Dakota and federal personal injury laws is the statute of limitations. In South Dakota, the statute of limitations for personal injury cases is three years from the date of the accident. This means that you have three years from the date of the accident to file a personal injury claim. If you fail to file within this time frame, you lose your right to seek compensation.
Federal personal injury laws, on the other hand, vary depending on the type of claim. For example, claims against the federal government under the Federal Tort Claims Act (FTCA) have a two-year statute of limitations, while claims under the Americans with Disabilities Act (ADA) have a four-year statute of limitations.
Damages
Another key difference between South Dakota and federal personal injury laws is the types of damages that are available. In South Dakota, you may be entitled to compensatory damages, which include both economic and non-economic damages. Economic damages cover tangible losses, such as medical bills and lost wages, while non-economic damages cover intangible losses, such as pain and suffering.
Federal personal injury laws, on the other hand, only allow for compensatory damages in certain cases. For example, under the FTCA, claimants can only recover economic damages, such as medical expenses and lost wages. Non-economic damages, such as pain and suffering, are not available.
Contributory Negligence
Contributory negligence is another area where South Dakota and federal personal injury laws differ. In South Dakota, a person can only recover damages if they are less than 50% at fault for the accident. If they are found to be more than 50% at fault, they cannot recover any damages.
Federal personal injury laws, on the other hand, follow a contributory negligence system. Under this system, if a person is found to be even 1% at fault for the accident, they cannot recover any damages.
Conclusion
If you have been injured in South Dakota, it is important to understand the state’s personal injury laws and how they differ from federal laws. The statute of limitations, types of damages, and contributory negligence rules are just a few of the areas where the two legal systems vary.
Working with an experienced personal injury attorney who is familiar with the laws in South Dakota and federal laws can help ensure that you receive the compensation you deserve.