Personal injury claims can result from a variety of incidents, including car accidents, slip and fall accidents, and medical malpractice. If you have been injured due to someone else’s negligence or wrongdoing, you may be eligible to file a personal injury claim and recover damages for the harm you have suffered. In South Dakota, there are several types of damages that can be recovered in a personal injury claim.

Compensatory Damages

Compensatory damages are designed to compensate you for specific losses and expenses resulting from the injury. There are two types of compensatory damages: economic and non-economic.

Economic Damages

Economic damages are an award that covers all the expenses that you have incurred due to the injury, such as:

• Medical bills: Any medical expenses that you have incurred due to the injury may be recoverable under a personal injury claim, including hospitalization fees, doctor’s appointments, physical therapy, and prescription medication costs.
• Lost wages: If the injury has caused you to miss work, you may be awarded damages for any lost wages or income that you would have earned if you had not been injured.
• Property damage: If your property was damaged due to the incident that caused your injury, you may be eligible for compensation.

Non-Economic Damages

Non-economic damages are designed to compensate you for non-monetary losses resulting from the injury:

• Pain and suffering: The pain and suffering caused by an injury can be difficult to quantify, but you may be awarded damages to cover physical and mental anguish, emotional distress, and loss of enjoyment of life.
• Loss of consortium: If the injury has affected your relationship with your spouse or partner, they may also be eligible for compensation for the loss of companionship, affection, and other non-economic losses.

Punitive Damages

Punitive damages are awarded to punish the negligent party for their actions and to discourage similar conduct in the future. Punitive damages are usually awarded in cases where the defendant acted deliberately or with reckless disregard for the safety of others.

In South Dakota, there are limits to the amount of punitive damages that can be awarded, depending on the type of injury and the defendant’s conduct.

Statute of Limitations

It is important to note that there is a statute of limitations for personal injury claims in South Dakota. You must file your claim within three years of the date of the incident. Failure to file within the statute of limitations may result in your claim being dismissed.

Conclusion

If you have been injured due to someone else’s negligence or wrongdoing, you may be eligible to recover damages through a personal injury claim. The damages that can be recovered include economic and non-economic damages to compensate for specific losses and expenses and punitive damages to punish the negligent party. It is important to file your claim within the statute of limitations to ensure that you have a chance to recover the damages you are entitled to.