Detailed Answer
In South Dakota personal injury cases, you can recover travel expenses as part of your special damages. Special damages cover out-of-pocket costs you incur because of your injury. To claim travel expenses for medical appointments, follow these key steps:
- Track All Travel-Related Expenses
- Record your mileage for each appointment. Use a logbook, app, or spreadsheet.
- Keep all receipts for tolls, parking fees, public transit, taxi fares, and rental cars.
- Note the date, purpose (e.g., physical therapy), and distance for each trip.
- Calculate Reimbursement Rates
- Use the current IRS standard mileage rate. For 2023 it is 65.5 cents per mile. Check IRS Standard Mileage Rates.
- Add tolls, parking, and other out-of-pocket travel costs.
- Include Travel in Your Demand Letter
When you send a pre-suit demand letter, itemize travel costs under “special damages.” Attach your mileage log and receipts as exhibits.
- File and Serve Damage Disclosures
Under SDCL 15-6-26, you must disclose your claimed damages early in litigation. List travel expenses separately.
- Prepare Evidence for Trial or Settlement
- Organize your mileage log and receipt folder.
- Ensure witnesses (friends, family) can verify trips if needed.
- Show medical necessity. Explain why each trip was essential for your treatment.
- File a Bill of Costs (if You Win)
After a judgment, you can request court costs under SDCL 15-17-12. Travel expenses typically fall under your award rather than taxable costs.
By following these steps, you build a solid record that justifies your travel expense claim and increases your chances of full reimbursement.
Helpful Hints
- Use digital apps to automate mileage tracking.
- Take photos of parking receipts and toll tickets to back up paper copies.
- Update your travel log weekly to avoid missing trips.
- Consult the IRS website for the most current mileage rate.
- Label each receipt with the medical provider’s name and appointment date.
Disclaimer: This article provides general information under South Dakota law. It is not legal advice. Consult a qualified attorney to discuss your specific situation.