Detailed Answer
Under South Dakota law, you generally have three years from the date of injury to file a personal injury lawsuit. See SDCL 15-2-14. This deadline, called the statute of limitations, ensures your claim for damages—including lost wages—remains valid.
The timeline to resolve a personal injury case involving lost wages varies by complexity and the parties’ willingness to negotiate. You can typically expect the following stages:
- Initial Investigation (1–3 months): You gather medical records, wage statements, and accident reports. You present a demand letter to the insurer, summarizing your injury, estimated lost wages, and other damages.
- Negotiation & Settlement (3–12 months): The insurer reviews your claim and may accept, counteroffer, or deny liability. You exchange documents and may attend mediation. Many cases settle within 6–12 months if liability is clear and wage loss is well documented.
- Filing a Lawsuit (if needed): If negotiations stall, you file suit before the three-year deadline. The court issues a case schedule, and parties enter discovery, depositions, and motion practice. This phase can add 9–24 months, depending on court backlog and case complexity.
- Trial & Judgment: If no settlement emerges, the case goes to trial. Trials in circuit court usually last 1–3 days but scheduling can take several months. After a verdict, post-trial motions and collection efforts can add more time.
Overall, a straightforward lost wages claim may resolve in 6–12 months if you settle early. If you litigate through trial, anticipate 18–36 months or longer.
Helpful Hints
- Document your wage loss with pay stubs, tax returns, and employer affidavits.
- Keep a clear chronology of medical appointments and work absences.
- Stay proactive: respond promptly to information requests from insurers or attorneys.
- Consider mediation to reduce time and legal costs.
- Track deadlines closely to avoid missing the three-year filing window under SDCL 15-2-14.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.