South Dakota Injuries

FAQ Glossary Resources Team
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My kid got hurt in Aberdeen, do I file the claim or does she?

The biggest mistake is taking the insurance adjuster at face value and thinking you can just sign for your child and be done. You usually cannot wrap up a minor's injury claim that casually in South Dakota.

The correct approach is this: a parent or legal guardian usually handles the claim for the child, but the injury claim belongs to the child, not the parent. A minor cannot legally settle it alone, and a parent's signature is not always enough to make a settlement final.

If the insurance company offers money for your kid's injury, court approval is often required for a minor settlement. In Aberdeen, that usually means the Brown County Circuit Court reviews it. The judge may require the money to go into a restricted account or be otherwise protected until the child turns 18.

Another thing people miss: South Dakota generally gives extra time on the child's own injury claim because the child is a minor, but that does not mean every related deadline waits. A parent's separate claim for things like medical bills paid out of pocket or missed work can have the normal deadline. And if the injury happened at a public school, in a road work zone, or involved a government agency, shorter notice rules can come into play fast.

If this happened at a daycare, don't just argue with the director. Get records and make reports right away:

  • incident report from the daycare or school
  • photos of the scene, equipment, stairs, crib, or roadway
  • medical records from Avera St. Luke's or whoever treated the child
  • police report if Aberdeen Police responded
  • daycare complaint to South Dakota Department of Social Services Child Care Licensing if applicable

Do not sit on it because your kid is young. In Aberdeen, weather changes, construction shifts, and cleanup happen fast. Evidence disappears even faster.

by Wayne Hustead on 2026-03-23

This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.

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