Disclaimer: This article does not provide legal advice. It offers general information about South Dakota personal injury claims. Consult an attorney for advice on your specific situation.
Detailed Answer
Under South Dakota law, you can seek compensation for both economic and non-economic damages arising from soft tissue injuries and muscle pain. Even if your injuries are minor, you may recover medical expenses, lost wages, and pain and suffering if you prove negligence by the at-fault party.
To establish negligence, you must show that the other party had a duty of care, breached that duty, caused your injuries, and that you suffered actual damages. Soft tissue injuries—such as strains, sprains, whiplash, or muscle pain—qualify as actual damages when supported by medical records.
Document your injuries with timely medical evaluations. Maintain records of doctor visits, treatment plans, prescriptions, and out-of-pocket costs. A pain diary or symptom log can help demonstrate the daily impact of muscle pain on your activities.
South Dakota imposes a two-year statute of limitations for personal injury claims. See SDCL 15-2-14. You must file your lawsuit within this period or risk losing your right to recover.
South Dakota follows a modified comparative negligence rule. If you are partly at fault, your recovery is reduced by your percentage of fault. You cannot recover if you bear more than 50% of the fault. See SDCL 20-9-2.
Helpful Hints
- Seek prompt medical attention and follow treatment plans.
- Keep detailed records of all medical bills and related expenses.
- Document symptoms and limitations in a daily diary or app.
- Gather witness statements and photos from the incident scene.
- Consult a personal injury attorney before the statute of limitations expires.