Detailed Answer
Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a qualified attorney about your specific situation.
1. Evaluate Financial Stability and Case Funding
Complex accident claims often require experts, detailed investigations, and extended litigation. Confirm that the firm can front costs for:
- Expert witness fees (e.g., accident reconstructionists, medical specialists)
- Private investigators and accident scene analyses
- High-volume document management and trial exhibits
Ask firms whether they advance costs or expect you to reimburse out of pocket. A well-capitalized firm shoulders expenses until case resolution.
2. Review Track Record with Multi-Million Dollar and Complex Claims
Examine the firm’s history handling cases similar in scope and value. Request redacted summaries or settlement amounts. Look for verdicts or settlements over $500,000 in motor-vehicle and catastrophic-injury matters. A proven track record signals ability to manage evidentiary challenges and high insurance limits.
3. Confirm Access to In-House and Third-Party Experts
Complex claims hinge on specialized testimony. Ensure the firm has established relationships with:
- Medical and life-care planners
- Economic loss analysts
- Accident reconstruction experts
Ask how quickly they can secure reliable experts and what their vetting process entails.
4. Understand Fee Structure and Contingency Budgeting
Most personal injury firms work on contingency. Under South Dakota law, contingent fees must comply with SDCL §16-19-4 (contingent fee limits). Clarify:
- Percentage taken from recovery
- Which costs are deducted before or after the fee calculation
- Whether you owe fees if you fire the firm early
5. Verify Compliance with South Dakota Statutes of Limitations
South Dakota enforces a two-year statute of limitations for personal injuries (SDCL §15-2-14, see full text). A firm familiar with deadlines avoids missed filings and lost claims.
6. Assess Communication and Case Management Systems
Strong resource firms deploy case-management software, client portals, and dedicated paralegals to keep you informed. Confirm response times and regular updates, especially on evolving medical records or expert reports.
Helpful Hints
- Request initial consultations to compare resources, staffing, and approach.
- Ask about average case lifespan from filing to resolution.
- Check online reviews and peer ratings (e.g., Martindale-Hubbell).
- Seek referrals from other attorneys or bar associations.
- Ensure the firm carries professional liability insurance.
- Look for local courtroom experience in your county.