Personal injury laws are established to protect individuals who have been injured either physically, mentally, or emotionally due to the negligence of another party. Such laws operate on the principle that individuals have the right to compensation if they have suffered harm due to the negligence or recklessness of another person or entity.

Personal injury laws in South Dakota

South Dakota has put in place personal injury laws to safeguard the rights of its citizens. These laws cover different types of injuries, including car accidents, medical malpractice, slip and fall accidents, and many more.

Statute of limitations

The statute of limitations defines the period within which an individual can file a personal injury lawsuit. In South Dakota, the statute of limitations is three years. This means that if an individual wants to file a lawsuit for a personal injury claim, they must file it within three years of the date of the accident or injury. Failure to file the lawsuit within this mandated time frame can result in the case being dismissed.

Comparative negligence

South Dakota follows the rule of comparative negligence in personal injury cases. This means that when more than one party is at fault for an accident, the monetary damages will be allocated based on the degree of fault of each party. For instance, if both parties are found to be 50% responsible, then each party will be responsible for covering 50% of the damages.

No-fault car insurance

South Dakota is a "fault" state when it comes to car accidents. This means that an individual who has been injured in a car accident can file a claim against the at-fault driver’s insurance company to recover damages. However, South Dakota also has a no-fault car insurance system in place. This system requires drivers to carry no-fault insurance that pays for their medical bills and lost wages in the event of a car accident, regardless of who was responsible for the accident.

Medical malpractice

South Dakota medical malpractice laws outline the situations in which an individual may pursue a medical malpractice claim, the damages that may be awarded, and the statute of limitations for filing such claims. The statute of limitations for medical malpractice suits in South Dakota is two years from the date of injury, or two years from when the injury should have been discovered if the injury was not immediately noticeable.

Premises liability

Premises liability laws make property owners responsible for maintaining a safe environment for visitors to their property. If an injury occurs due to a dangerous or hazardous condition on the property, the property owner may be held liable. In South Dakota, there is no specific statute of limitations for filing premises liability claims. Instead, the statute of limitations is determined based upon the underlying cause of the injury.

Final thoughts

Personal injury laws are in place to protect people who have been injured due to the negligence of others. In South Dakota, it is essential to understand the personal injury laws to ensure that you receive the compensation you deserve. If you have been injured in South Dakota due to the negligence of another party, it is important to speak with a knowledgeable attorney who can guide you through the legal process and help you recover the damages you are entitled to.