Frequently Asked Questions of South Dakota Personal Injury Attorneys
of Whiting Hagg & Hagg, LLP

The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every personal injury situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting the Rapid City, South Dakota personal injury law firm of Whiting Hagg & Hagg, you can receive a personal consultation regarding your specific legal claim.

What is Personal Injury?

Personal injury is any physical injury to a person that results from another person’s negligence or harmful act. Personal injury falls under civil law as opposed to criminal law (in which charges are brought by the State of South Dakota against a defendant). Personal injury can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:

• Auto Accidents
• Other Vehicle Accidents (Aviation, Bicycle, Boat, Motorcycle, Railroad, Truck)
• Burn Accidents
• Construction/On the Job Accidents
• Dangerous or Defective Products
• Dog/Animal Bites
• Medical Malpractice (Birth Injuries, Misdiagnosis, Surgical Negligence)
• Nursing home abuse and Neglect
• Slip and Fall Accidents/Premises Liability
• Spinal Cord Injury
• Toxic Exposure
• Traumatic Brain Injury

What is Medical Malpractice?

Medical malpractice is negligence committed by a professional health care provider whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Medical malpractice cases are often based on the concept that the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Medical malpractice actions may be brought against doctors, nurses, dentist, technicians, hospitals, or hospital workers. Instances of malpractice might include surgical errors, misdiagnosis, failure to follow testing procedures, failure to disclose risks, or prescribing prescription drugs not suited to the patient’s condition.

What is Premises Liability?

Premises liability generally refers to accidents that occur due to the negligent maintenance, or unsafe conditions upon property owned by someone other than the injured victim. The State of South Dakota requires landowners to maintain their property in a manner that does not cause injury to those that, for various reasons, visit the property. This law pertains to both business owners and homeowners. Crucial to a premises liability settlement is being able to show how long the defect or injury inflicting element was there, how visible it was, and how much notice the owner had of the dangerous condition before the accident.

What should I do if I've been injured in a slip & fall accident?

Most businesses and homeowners carry liability insurance to protect them in the event that someone is injured while on their property. The owner or possessor of a residence, land or place of business has the duty to exercise reasonable care for the protection of those individuals who are invited to come upon the premises; i.e., individuals visiting for business or pleasure. In such cases, the owner, company or person must inspect the premises to discover any dangerous conditions and warn the invitee of dangers upon said premises. Those injured by a negligent owner or possessor of a premise may recover damages for their injuries, including loss of income, medical expenses, pain and suffering, etc.

What is Wrongful Death?

Wrongful death occurs when a person's death was caused by the negligent, willful or wrongful act of another, such as careless driving or a deliberate murder. People who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The State of South Dakota has enacted a statute permitting a lawsuit to be brought by the relatives of a person who died as a result of a wrongful act.

Who can file a wrongful death lawsuit?

A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.

Wrongful death damages are primarily calculated on pecuniary (financial) loss. Pecuniary injuries include the loss of support and services that would have been provided by the decedent, the decedent’s medical and funeral expenses, and the distributees’ lost prospect of inheritance. In cases where the defendant engages in serious or malicious wrongdoing, punitive damages may also be awarded to punish the wrongdoer, and/or deter others from behaving similarly.

What financial compensation can I recover in a personal injury claim?

Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• Medical bills
• Lost income, including overtime wages
• Pain & suffering
• Physical disability
• Disfigurement
• Emotional trauma
• Mental disability
• Property damage

What is the Statute of Limitations?

Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.

Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies, and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident. For more information regarding the limitations for your specific case, please contact the Rapid City, South Dakota personal injury attorneys of Whiting Hagg & Hagg.

How long will it take to settle my claim?

The time it takes to settle a personal injury case depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. Many cases can take anywhere from 3 to 18 months to settle depending on their complexity.

If you or someone you know in Pennington County, South Dakota, or within the surrounding cities and counties of South Dakota or Nebraska needs the assistance or skilled legal counsel of an experienced serious injury lawyer, contact the attorneys of Whiting Hagg & Hagg, LLP, today, at 866-435-6069, or complete the contact form provided on this site to begin your free consultation with a South Dakota accident attorney.