Personal injury litigation is subject to different regulations in every state. To bring a case in South Dakota it is very important that you consult an experienced South Dakota personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Alabama can arise from negligence or intentional wrongdoing.
In South Dakota you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
In South Dakota personal injury lawsuits you can still recover damages even if your own negligence contributed to the injury. South Dakota follows the doctrine of pure comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. Even if the plaintiffs negligence was 90% responsible for an accident, a defendant can still be required to 10% of the damages.
Under South Dakota law, each party that was negligent to you cannot be held liable for more than twice their share of the blame. Each party's relative responsibility is considered if the fault is not equal among all defendants.
South Dakota does not limit the value of non-economic damages. Non-economic damages include pain and suffering, loss of quality of life, loss of companionship, emotional distress and humiliation.
South Dakota places no limit on the amount that can be awarded as punitive damages. Punitive damages are awarded to punish the defendant's wrongdoing.
In South Dakota you have three years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in South Dakota you need the counsel of a personal injury attorney who understands the nuances of South Dakota law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.