Recovering medical and therapy expenses after an accident in South Dakota: what to know
Overview
If you were injured in an accident in South Dakota, you can generally seek compensation for medical and therapy expenses caused by the crash. Compensation can include past bills you already paid or owe, and—if you can prove them—reasonable future medical and therapy costs tied to the injury. Winning those items requires documentation, medical opinion, and timely action.
Detailed answer
Who can recover these expenses?
The injured person (the plaintiff) is the one who may recover economic damages for medical care and therapy. If a family member paid bills on behalf of the injured person, the injured person still generally receives the recovery and may reimburse the family member.
What medical and therapy costs are recoverable?
- Past reasonable and necessary medical treatment: emergency care, hospital bills, surgeon and physician fees, diagnostic testing, prescription medications, and rehabilitative services already provided.
- Past therapy and rehabilitative costs: physical therapy, occupational therapy, counseling, chiropractic care, and similar treatment received to treat the accident injuries.
- Future medical and therapy expenses that are reasonably certain to be required because of the injury. Courts will not award speculative or merely possible future costs; you must show a reasonable medical basis.
How do you prove past and future medical/therapy expenses?
Prove past expenses with:
- Itemized medical bills and billing statements
- Medical records documenting diagnoses, treatment, and necessity
- Receipts for payments and insurance explanation-of-benefits (EOBs)
Prove future expenses with:
- Medical expert testimony or written opinions from treating providers stating the need, type, frequency, and estimated duration of future care
- A life care plan or treatment plan prepared by a qualified clinician when injuries are complex
- Cost estimates and present-value calculations where appropriate
How do courts and insurers calculate future costs?
Future damages are typically calculated by estimating the reasonable cost of the future treatment and then discounting to present value if the award is paid now. South Dakota courts require competent evidence connecting the future care to the accident and showing the amount is reasonable and necessary.
What about lost wages and non-medical damages?
Economic damages for lost earnings and reduced earning capacity are separate from medical and therapy expenses. Non-economic damages (pain and suffering) are different again. When preparing your claim, separate and document each category.
Do I have to mitigate my damages?
Yes. You must take reasonable steps to treat and limit your injury. A failure to seek or follow reasonable medical care may reduce the recovery.
Deadlines: statute of limitations
Personal injury claims in South Dakota are governed by a time limit that requires you to file a lawsuit within a specific period after the injury. Generally, the personal injury statute of limitations is three years. Missing the deadline can bar your claim. For reference, see South Dakota’s codified laws on limitations for civil actions: SDCL § 15-2-14 and the South Dakota Codified Laws index: https://sdlegislature.gov/Statutes/Codified_Laws.
Insurance, liens, and subrogation
Insurance payments can affect how much you keep from a settlement. Common issues include:
- Medicare/Medicaid and private insurers may have subrogation or reimbursement rights for benefits they paid. You must address these liens before finalizing a settlement.
- Health care providers sometimes place liens on a personal injury recovery to secure unpaid bills.
- Private health insurance may seek reimbursement depending on plan terms.
Resolve liens and subrogation claims before accepting a full release so you understand net recovery.
Settlement vs. trial
Most claims resolve by settlement. To reach a fair settlement for ongoing therapy needs, present clear medical opinions about future care and cost. If a settlement can’t be reached, a lawsuit and trial may be necessary to obtain damages. Trials require stronger, admissible evidence (expert testimony, medical records, and cost estimates).
Practical steps to preserve and prove your claim
- Seek prompt medical attention and follow your providers’ treatment plans.
- Keep all medical records, itemized bills, receipts, and EOBs.
- Ask treating providers for written opinions about the need for future therapy and expected duration and cost.
- Get a life-care plan or cost estimate for long-term needs if injuries are severe.
- Notify your automobile or other insurer promptly and preserve evidence from the accident scene if possible.
- Keep a treatment diary: symptoms, therapy sessions, and how the injury affects daily life and work.
When to talk to an attorney
If you face ongoing treatment, significant future care needs, disputes about liability, or potential liens/subrogation issues, consult a personal injury lawyer experienced in South Dakota law. An attorney can help gather the right medical proof, calculate future costs, negotiate liens, and protect your rights before settlement.
Helpful hints
- Document everything: bills, records, therapy notes, and receipts.
- Secure written medical opinions about future care—oral statements are weaker evidence.
- Address liens and subrogation early; unresolved liens can undercut your recovery.
- Do not give recorded statements to opposing insurers without consulting counsel.
- Be cautious signing blanket releases; they can waive future claims for ongoing care.
- Act before the statute of limitations runs—three years is typical under South Dakota law (SDCL § 15-2-14).