When you've been injured by someone else's carelessness, it's important to take some initial steps toward making sure your injury claim can be settled fairly and as quickly as possible:

• Write down everything you can remember about how the injury happened, including the names, addresses and phone numbers of potential witnesses, police officers and insurance company representatives (or company or workers' compensation representatives if it was a work-related injury)
• Talk to a South Dakota personal injury lawyer before making any statements, written or verbal, to insurance company adjusters or representatives
• Let anyone you think may be responsible for the injury know right away you intend to file a claim against them
• Take steps to protect any evidence you may need to prove your injury, such as your totaled car, photographs of an accident or injury scene, clothing you were wearing, damaged personal belongings and so forth

How Do I Figure Out Who Is at Fault?

In most cases, in order to collect on an injury claim in South Dakota, you must prove the person who caused the injury was "negligent." This means a failure to use reasonable care. You must prove:

• The person who caused your injury owed you a duty 
• The other person broke or breached that duty
• You suffered damages
• The other person's failure caused you to have the injury

If you were careless and that contributed to your injury, the amount you can recover is reduced in proportion to your fault under comparative negligence law. South Dakota's pure comparative fault rule states you may recover for your damages when your contributory negligence was slight in comparison with the negligence of others. 

If more than one person is negligent toward you, each person is responsible for no more than twice their proportional share of the total damages as long as they are less than 50 percent at fault. Each individual's relative degree of fault is considered if the fault is disproportionate among several negligent individuals.

If you've been injured using a consumer product, the seller of the product may be responsible under strict liability law. Here, you need to prove:

• The product was defective, which made it unreasonably dangerous
• You used the product correctly
• The defect caused your injury
• You suffered damages

What Is My Claim Worth?

Under South Dakota law, the person who injured you is responsible for:

• Past, current and future estimated medical expenses
• Time lost from work, including time spent going to medical appointments or therapy
• Any property damage, such as damage to your vehicle
• The cost of hiring someone to do household chores when you couldn't do them
• Any permanent disfigurement or disability
• Your emotional distress, including anxiety, depression and any interference with your family relationships
• A change in your future earning ability due to the injury
• Any other costs directly resulting from your injury

In some cases you may need an expert to explain your injuries and why you're entitled to certain damages. This is very common in medical malpractice cases. A lawyer will know what type of expert witness to hire to best prove your damages.

How Long Do I Have to File a Legal Claim?

In South Dakota, you only have three years to file a lawsuit against the person who injured you. If your lawyer can't reach an agreement with any involved insurance companies, you'll definitely want to file a lawsuit before the three-year statute of limitations runs out.

Questions for Your Attorney

• Can I still file a lawsuit if I accepted a settlement offer from the other person's insurance company before I contacted you?
• The insurance company seems to be taking me and my injuries seriously. Why do I need to hire a lawyer?
• Is the other person's insurance company entitled to look at my medical records without my permission? Should I let it have access to my records?

Related Resources on Lawyers.com^sm

- Contact a Personal Injury Lawyer in your area for specific legal advice, and read Personal Injury: Selecting a Good Lawyer
- Need a form? Access hundreds of Personal Legal Forms, including a Medical Records Request
- Read Businesses May Be Protected from Injury Lawsuits and FAQ: Suing after Injury, or access more Personal Injury Law articles and information
- Legal Dictionary
- Visit the Legal Forums for discussions on Personal Injury Law topics