Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult an attorney for advice on your specific situation.
Detailed Answer
1. Understand Your Damages
In South Dakota, soft tissue injuries—such as sprains, strains, and whiplash—can lead to both economic and non-economic damages. Economic damages include past and future medical expenses and lost wages. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life.
2. Calculate Economic Damages
- Medical Expenses: Sum all treatment costs, including hospital visits, chiropractic care, and physical therapy.
- Future Medical Costs: Obtain a medical expert’s projection of ongoing treatment needs.
- Lost Wages: Use pay stubs and employer statements to document lost income due to missed work.
3. Estimate Non-Economic Damages
South Dakota does not set a statutory cap on non-economic damages for personal injury. Many attorneys apply the “multiplier method.” Multiply total economic damages by a factor (typically 1.5 to 5) based on:
- Severity and duration of pain and suffering
- Impact on daily activities
- Permanency of injury or discomfort
4. Adjust for Comparative Negligence
South Dakota follows a pure comparative negligence rule. Under SDCL 20-9-1, if you are partly at fault, your recovery reduces proportionally. For example, a $20,000 verdict with 10% fault yields $18,000.
5. Factor in the Statute of Limitations
You must file a lawsuit within three years of the accident date. See SDCL 15-2-14. Missing this deadline can bar your claim.
6. Negotiate Your Demand
Prepare a demand package with:
- Medical records and bills
- Documentation of lost income
- Personal diary or logs of pain and limitations
- A clear calculation of your total requested settlement
Submit this package to the insurer. Be prepared to negotiate and provide additional proof as needed.
Helpful Hints
- Keep chronological records of all treatments and communications.
- Use a pain journal or app to detail daily symptoms.
- Obtain a medical expert’s affidavit for future care projections.
- Review your auto policy for coverage limits and uninsured motorist provisions.
- Consult a personal injury attorney to benchmark settlement ranges and strengthen your demand.