South Dakota Personal Injury Practice Areas and Legal Definitions

South Dakota Vehicle Accidents:

Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim. A personal injury case involving a vehicle accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. Vehicle accidents can include:

• admiralty and maritime law
• ATV accidents
• automobile accidents
• aviation accidents
• bicycle accidents
• boating accidents
• commercial bus accidents
• cruise ship accidents
• intersection accidents
• motorcycle accidents
• pedestrian accidents
• rear end collisions
• semi-tractor trailer accidents
• school bus accidents
• SUV rollover accidents
• train accidents
• truck accidents
• yacht accidents

The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.

South Dakota Automobile Accidents:

The South Dakota car accident lawyers of Whiting Hagg & Hagg have years of experience and a successful track record representing clients who have suffered significant injuries in automobile accidents. The Rapid City, South Dakota serious injury attorneys of Whiting Hagg & Hagg work closely with doctors and other health care providers to discuss the short and long-term medical consequences of an injury. The Rapid City truck accident lawyers of Whiting Hagg & Hagg possess a detailed comprehension of South Dakota’s automobile insurance and liability laws and understand the different sources of recovery available to car accident victims and their families.

South Dakota Aviation Accidents:

Airline crashes typically result in the most traumatic injuries and death. These cases are extremely complex and may involve federal, state or international laws and treaties. There may also be limitations on recoveries and caps on damages. Weather, maintenance, ground preparation of flights, pilot error, manufacturing defects and controller error may all contribute to a crash.

Typically, the National Transportation and Safety Board (NTSB) will conduct an investigation. Obtaining a copy of the NTSB report and having the evidence reviewed by an aviation expert is crucial to determining if there is a potential issue and responsibility.

South Dakota Motorcycle Accidents:

Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road. The lack of any substantial protective barriers, as well as the difficulty that other motorists may have in seeing or stopping for a motorcycle, leaves riders prone to serious personal injury in the event of an accident. The Rapid City, South Dakota motorcycle accident attorneys of Whiting Hagg & Hagg can advise injured riders of their legal rights and discuss the litigation options that are available.

South Dakota Construction/ On the Job Accidents:

Construction labor makes up one of the three most dangerous occupations in the United States today; each year producing thousands of debilitating injuries and wrongful deaths. Factors that contribute to construction accidents include workers lifting loads with worn and weathered cables, working on elevated platforms without fall protection or wearing defective safety harnesses and lanyards, and/or working in trenches with improper benching and using outdated tools and equipment. Farming and manufacturing accidents, as well as the oil and gas industry accidents can also cause serious injury and toxic exposure.

• Toxic Exposure: Due to the tremendous growth of corporate industry in the United States over the past fifty years, the number of dangerous, toxic substances in the environment has grown significantly. Some toxic substances are shown to cause substantial injury to people: lead-based paint which is linked to brain damage, especially in children; asbestos which is linked to lung cancer and restrictive lung disease; dry cleaning and other solvents which are linked to brain and major organ damage; pesticides such as dioxin and DDT which are linked to birth injuries; and toxic landfill waste which is linked to leukemia.

Construction site personal injury law is not practiced nor understood by many personal injury attorneys. As a result, many personal injury construction claims are often subject to mediocre representation and minimal financial compensation due to improper legal counsel. Injured construction workers are urged to seek a personal injury attorney who is knowledgeable in a variety of construction techniques and has successfully litigated numerous construction site personal injury cases.

South Dakota Dog/Animal Bites:

Every year, millions of Americans are bitten by animals. Being attacked by a dog is an extremely stressful event. Many dog bite injuries leave scars and have lasting emotional effects. In the State of South Dakota, the owner or keeper of a dog is strictly liable for his or her dog, even if it is the first time the dog has injured someone. As long as the injured victim was not trespassing, teasing or tormenting the dog, the keeper or owner of the dog is liable for any injuries sustained. Compensation for a dog bite can include payment for medical bills, pain & suffering, mental anxiety, fear and scarring.

Defective Products:

Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals, and other defective products and equipment. A person injured by a defective or dangerous product may be eligible to file a lawsuit for products liability, and recover damages under one of the following categories: strict products liability, negligence, or breach of warranty.

South Dakota Medical Malpractice:

Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered. If a physician was careless, lacked proper skills, or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence. Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an x-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain Injury
• Birth Injury
• Cerebral Palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Dental Malpractice
• Cosmetic Surgery Malpractice

South Dakota Slip and Fall/Premises Liability:

Slip and fall accidents can happen anywhere and can cause serious personal injury. Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property. Premises Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents. In any event, there exist duties on the part of the property owner to maintain the property responsibly and avoid the existence of hazardous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent. Therefore, investigation of the claim is essential to a successful case. Temporary conditions such as water on the floor of a grocery store, or snow and ice on the stairs of a restaurant need to be investigated quickly.

South Dakota Wrongful Death:

A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in South Dakota, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• Surviving family members are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in South Dakota in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.

If you or someone you know in Rapid City, Pennington County, or within the surrounding cities and counties of South Dakota or Nebraska needs the assistance or skilled legal counsel of an experienced personal 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 serious injury attorney.