South Dakota Injuries

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Wrongful Death Options After a South Dakota Work Accident

If a husband is killed on the job in South Dakota, the family usually starts in workers' comp, but there are situations where a separate wrongful death case may still exist.

ARTICLE by Derek Janis

Late-Discovered Work Injuries and Reporting Deadlines

South Dakota workers usually need to give written notice of a job injury fast, and waiting because the pain got worse later can turn into a nasty fight over the claim.

ARTICLE by Mary Crow Dog

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

My coworker said Uber won't cover me if a grain truck caused the Watertown crash?

No. If you were an Uber passenger when the crash happened, Uber coverage can still apply even if the grain truck or another vehicle caused it. South Dakota is an at-fault...

How long do I have to sue after a Sioux Falls deer crash injury worsens?

The adjuster is about to ask, "What was the date of the crash?" Your answer matters because in South Dakota, that date usually starts the clock, not the date you realized you...

Can I file wrongful death after my spouse died in a Sioux Falls delivery crash?

Unlike Minnesota, where the court appoints a trustee to bring a wrongful-death case, South Dakota usually handles this through the estate's personal representative or, in some...

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...

Can I file against both drivers after a Rapid City Uber crash?

You have 3 years from the crash date to file a South Dakota injury lawsuit, or you can lose the right to force payment. The insurance company will usually tell you to wait...

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,...

What evidence do I need to prove an airbag caused my facial fracture?

The most important thing: VA treatment does not erase your South Dakota injury claim, but you must connect the airbag to the fracture with records the insurer cannot easily...

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

Pierre adjuster keeps calling and I can't read the forms - do I need a lawyer?

As of July 1, 2025, South Dakota's civil filing fees increased in several state courts, so delay costs more now and the insurance company knows it. If an adjuster in Pierre is...

In South Dakota, you generally have 3 years from the date of a crash to file a personal injury lawsuit, but MedPay is not the same thing as PIP. People mix up these two...

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...

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

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

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

Can Aberdeen Walmart's insurer deny me because I'm undocumented after a shelf hit my head?

"Were you allowed to be there, and can you prove who you are?" That is the question the adjuster is about to ask, because your answer can shape whether they treat this as a...

Is a Mitchell work-zone injury claim worth it if workers comp already pays?

Yes - sometimes workers' comp is your only path, and sometimes it is only half the case. Picture this in Mitchell: you're driving past lane shifts on I-90 near Exit 332 during...

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