Disclaimer: This article does not provide legal advice. Consult a licensed attorney in South Dakota for guidance tailored to your circumstances.
Detailed Answer
When a car accident aggravates a pre-existing injury, you can seek compensation for the increased harm. South Dakota law allows you to claim damages for the aggravation of your condition if you show the collision caused additional injury.
1. Document Your Pre-Accident Condition
Gather records of your medical history before the crash. Include doctor notes, diagnostic tests, treatment plans, and work restrictions. This baseline proves the prior state of your injury.
2. Record the Exacerbation
After the accident, see a physician promptly. Ask for detailed reports that compare your pre- and post-accident condition. Use imaging, examination notes, and specialist opinions to link the aggravation to the collision.
3. Track Treatment and Expenses
Keep all medical bills, therapy invoices, and receipts for prescription costs. Document travel expenses to and from appointments. Save records of lost wages if you miss work due to worsened symptoms.
4. Calculate Your Damages
Include past and future medical care, pain and suffering, lost income, and any necessary home modifications. Use expert testimony to estimate long-term impacts on your health and earning capacity.
5. File Within the Deadline
South Dakota sets a three-year limit on personal injury actions under SDCL § 15-2-14. Filing after that date risks losing your right to recover.
6. Factor in Comparative Negligence
South Dakota follows comparative negligence rules. You can still recover even if you share fault, but your award reduces proportionally. See SDCL § 21-1-1 for details.
7. Negotiate or File a Lawsuit
Start with a demand letter to the insurer detailing your aggravated injuries and supporting evidence. If negotiations stall, file a lawsuit in state court. Present your documentation and expert reports to prove the aggravation.
Helpful Hints
- Keep a daily diary of symptoms, pain levels, and activity limits.
- Notify your auto insurer of the aggravated injury promptly.
- Obtain second opinions from specialists, such as orthopedists or neurologists.
- Avoid posting accident details on social media.
- Retain copies of all medical and billing records in one folder.
- Track out-of-pocket costs, including travel and home care expenses.
- Consider a vocational expert to project future earning losses.