If you or a loved one got into a car accident in South Dakota, you might currently face hefty medical bills, car repair or replacement costs, and significant pain and suffering. However, if someone else’s negligent or reckless actions caused your accident, you could recover compensation through an insurance claim or personal injury lawsuit.
The ways that the other driver could have negligently caused your accident include:
- Texting or calling while driving
- Driving under the influence of drugs or alcohol
- Failing to obey traffic signs and signals
- Speeding or driving aggressively
If the other driver acted in a way that caused your accident, you could contact Pintas & Mullins Law Firm for help with your case. Our South Dakota car accident lawyers work on contingency, so you pay us nothing upfront or out-of-pocket. Call (800) 794-0444 today to reach a member of our team for your free, no-obligation case evaluation.
How a South Dakota Car Accident Lawyer Can Help
While recovering from a car accident, many people choose to hire an attorney for help with their case. They often make this decision because they find it incredibly difficult to balance their medical treatment and a personal injury claim at the same time.
A personal injury lawyer also knows the laws that apply to your case and can tell you whether you could recover compensation. These are just a few ways that a lawyer could help during this challenging time.
Building Your Case
A car accident lawyer can compile the evidence needed to prove the other party’s negligence in your case. This proof might include footage from the accident scene, eyewitness testimony, your medical records, and more.
To prove negligence, a South Dakota car accident lawyer generally must show the following:
- The driver owed you a duty to drive safely.
- The driver did something that put you and other drivers in danger.
- Their actions caused an accident.
- Your injuries resulted directly from the accident.
Proving negligence on your own might become difficult while still recovering from your injuries.
Advocating for You
An attorney can also advocate for you through every step of the claim process.
South Dakota is a fault state, meaning the other driver or their insurance company must compensate you for your losses if they caused the accident. So, a personal injury lawyer can negotiate with the other driver or their insurance company on your behalf.
They can also update you through every step of the process, letting you know how negotiations progress and if you might need to go to trial.
Fighting for an Award
While negotiating with the at-fault parties, your lawyer will try to show that you should receive compensation for your expenses resulting from the accident. The insurance company or negligent party will typically offer you a settlement agreement to avoid a difficult and costly trial.
However, if the settlement offer does not meet your needs, a lawyer can renegotiate the terms, or they might suggest taking your case to trial and arguing in front of a judge and jury. Personal injury lawyers will exhaust every avenue while trying to win you an award.
If you would like help with your car accident case, you could call Pintas & Mullins Law Firm You can discuss your case with a team member who can determine whether a South Dakota car accident lawyer can help you.
Recoverable Compensation in a Car Accident
If you or a loved one suffered injuries in a car accident, you could recover compensation for your injuries and losses. Some of these awards might include compensation for:
- Past and future medical bills
- Car repair or replacement costs
- Other property damage
- Lost wages while injured
- Future lost earning capacity
- Disability or disfigurement
- Therapy and counseling costs
- Pain and suffering
This list does not exhaust the types of damages you might receive because of your car accident injuries. A personal injury attorney can give you a better estimate of what you might recover.
Wrongful Death Damages
According to the National Highway Traffic Safety Administration (NHTSA), 130 South Dakotans died in car accidents in 2018. If your loved one passed away from injuries suffered in a car accident caused by someone else, you could recover damages for wrongful death, in addition to the awards listed above.
Wrongful death damages include funeral expenses, burial costs, loss of consortium and support, and more. According to South Dakota Codified Laws § 21-5-5, people who can benefit from wrongful death awards include the deceased’s spouse, children, parents, or next of kin.
South Dakota Statutes of Limitations
Each state has a different time limit for filing a lawsuit. In South Dakota, you have three years from the accident date to file a personal injury lawsuit, according to South Dakota Codified Laws § 15-2-14(3). If a family member died in the car accident, you also have three years after their death to file a lawsuit, according to South Dakota Codified Laws § 21-5-3.
If you miss these deadlines, you generally forfeit your right to compensation. However, some exceptions exist that might still permit you to file. You can consult a South Dakota car accident attorney about your case to see whether you still qualify.
Contact Pintas & Mullins Law Firm for Help
If you or a loved one suffered injuries in a car accident, or a family member died from injuries in a crash caused by someone else’s negligence, you should not have to pay for the losses on your own. A South Dakota car accident lawyer from Pintas & Mullins Law Firm could help you build your case, negotiate with the at-fault driver and their insurance company, and fight for the justice and compensation you deserve.
You might not want to wait too long to call, as the statute of limitations for your case might run out. You can reach a member of our team today by calling (800) 794-0444 for your free, no-obligation consultation.