South Dakota Injuries

FAQ Glossary Resources Team

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Search results for “medical negligence”

20 results

You went back to work. The infection was already spreading.

A Brookings janitor can still have a workers' comp claim for the original injury and the bad surgical aftermath, and the hospital mistake may be a separate case entirely.

ARTICLE by Janet Stensland

A Watertown rollover can wreck your neck and still turn into a blame ambush

A daycare worker with a cervical spine injury after a rollover can watch the payout get gutted fast if the insurer pins too much blame on her, and kids in the vehicle trigger a different set of rules.

ARTICLE by Karen Olson

Mitchell parking lot fall, clean MRI, fake "independent" doctor - and you're about ready to quit

When a Mitchell slip-and-fall claim gets kneecapped by an IME doctor even though the MRI shows real injury, Medicare and medical liens can turn the whole thing into a financial trap.

ARTICLE by Karen Olson

Hospital filed a lien after your Watertown trauma claim? Yeah, it can swallow the payout

A Watertown commuter with severe anxiety after witnessing a fatal workplace accident may have a real injury claim, but a hospital lien can rip through the money fast.

ARTICLE by Karen Olson

The clinic says your elbow's fine, your doctor says it's wrecked, and Rapid City's insurer is using the gap against you

A delayed ER visit after a sidewalk fall in Rapid City does not automatically kill the claim, but it gives the insurer an opening to argue the shattered elbow came from something else.

ARTICLE by Janet Stensland

My lawyer says I'm 40% at fault for a Sioux Falls head-on crash and that feels completely off

A Sioux Falls postal worker with a shattered femur after a head-on crash is being told he shares enough blame to gut the value of the case.

ARTICLE by Wayne Hustead

duty of care in business

Miss this idea, and a routine mistake can turn into a lawsuit, a denied insurance position, or a serious injury claim that costs far more than anyone expected. In plain terms,...

I kept working around concrete dust on the night shift - did I just wreck my claim in Watertown?

A Watertown night-shift security guard with silicosis may still have a claim even if they stayed on the job, there were no witnesses, and the contractor is denying the dust exposure.

ARTICLE by Brenda Schoenfeld

Sioux Falls has kept you waiting for months while "comparative negligence" guts your fume injury claim

An office worker in Sioux Falls got lung damage from workplace fumes, and now the defense is trying to dump a huge share of the blame on him while he also worries about his VA benefits.

ARTICLE by Karen Olson

That broken fence behind a Rapid City rental can leave you chasing coverage

A Rapid City student bitten by a dog at a rental property may have a claim, but a policy exclusion can turn a straightforward case into a fight over which insurer, if any, has to pay.

ARTICLE by Derek Janis

My coworker said my bad knee means no claim after a recalled tire blowout?

If the ER doctor said the crash aggravated your knee, the insurance company will use that same record to argue it was all old damage. From the insurer's side, this is the play:...

breach of contract

Insurance companies and defense lawyers may throw around this phrase to make a dispute sound technical, limited, or too late to fix. They may argue that a broken promise is...

Preexisting Back Conditions in South Dakota Workers' Comp

A sore back on an old chart is not the same thing as a free pass for workers' comp to deny a new job injury that made it worse.

ARTICLE by Mary Crow Dog

duty of loyalty

What trips people up most is that loyalty here does not mean personal friendship or blind support. It means a legal obligation to put the company's, partnership's, client's, or...

anticipatory breach

Miss this warning sign, and you can keep spending money, lining up work, or waiting on delivery while the other side has already made clear they will not perform. An...

business dissolution

Money, unpaid wages, insurance coverage, and who can still be sued often turn on whether a company has been shut down properly or only stopped operating in practice. When a...

non-disclosure agreement

Insurance companies and defense lawyers love these because silence is cheap. After a crash, workplace injury, or business dispute, they may offer money fast if the injured...

A legal duty to act loyally, honestly, and in another person's best interests. "Duty" means more than being nice or careful. It is an enforceable obligation. "Fiduciary" means...

Can I claim future medical bills after a Pierre crash?

The adjuster is about to ask, "Are you done treating?" Your answer matters because once you settle, you usually cannot come back later for the cost of injections, surgery,...

In South Dakota, does waiting a day or two to get checked after a crash ruin my injury claim?

No. In South Dakota, delayed treatment does not automatically kill an injury claim. The myth is that if you did not go straight from the scene to an ER, the insurance company...