Watertown Car Accident Lawyer ImageAfter being injured in a car accident on the roads in South Dakota, you may be wondering what happens next. Some common questions clients often ask a Watertown car accident lawyer are:

  • Who is responsible for paying for my injuries?
  • What is the legal process for getting compensation?
  • How much is my case worth?

The answers to these questions often vary from case to case, so discussing your case with an experienced personal injury lawyer is vital. The legal team at Turbak Law Office, P.C. can evaluate your case, answer your questions, explain your legal options, and seek the maximum compensation for your injuries.

Some of the car accident cases we handle include these auto accidents:

Negligence Laws in South Dakota

The first thing to know about negligence laws in South Dakota is that it’s an at-fault state. The second thing to know is that the insurance company and insurance adjusters do not want to part with their money.

In South Dakota, the most common path to getting compensated for your injuries after an accident is to file a claim with the at-fault driver’s insurance company instead of your own. However, you can file a claim with your insurance instead, and they’ll file a claim against the at-fault driver’s insurance provider.

This system provides more legal options for car accident injury victims than a no-fault system where each driver can file a claim with their insurance companies no matter who is at fault. But it also relies on showing that the other driver was at fault. And South Dakota also has a comparative negligence law that can complicate your case.

Comparative Negligence in South Dakota

Comparative negligence is a system that reduces the compensation you can recover after an accident by your percentage of fault. For example, if you were 10% at fault for the crash that caused your injuries, you may only be able to recover 90% of the awarded compensation.

However, South Dakota’s version of comparative negligence is different from that of most other states with similar laws. In our state, the injured party’s level of negligence must be “slight” compared to that of the other party. If the injured party’s negligence goes beyond being “slight,” they may be barred from collecting compensation.

What counts as a “slight” amount of negligence is determined on a case-by-case basis. If you think you may be partially at fault for the accident that caused your injuries, talk to your team of Watertown car accident lawyers about how it could impact your claim.

Proving Liability and Damages in Car Accidents Injury Cases

To win compensation in your case as a car accident victim, you must prove the other driver is liable for your injuries. This is done by:

  1. Showing that the other party owed you a duty of care – such as by following traffic laws
  2. Demonstrating that they breached this duty of care – such as by ignoring a stop sign
  3. Connecting the driver’s breach of their duty of care to your injuries – such as by showing that they caused the crash by not stopping at an intersection
  4. Providing evidence of damages associated with the injuries sustained – such as medical bills and expenses

Proving Your Car Accident Claim

But how do Watertown car accident lawyers prove any of that? It all comes down to gathering evidence after a car crash. The more evidence your Watertown car accident lawyer collects to support your claim, the easier it becomes to prove that the other driver was at fault. Your car accident lawyer can also use this evidence to establish the monetary value of your injuries.

Examples of evidence used in car accidents claims include:

  • Medical Records – Medical records include documents about medical treatment, surgeries, prescribed medications, and physical therapy sessions. They’re used to establish the veracity of your claims and the extent of your injuries.
  • Eyewitness Statements – Often, other motorists and pedestrians witness car accidents. When this is the case, their testimony can corroborate your version of events and show that the other driver was at fault.
  • Photos and Videos – Today, there are cameras everywhere. There’s a high likelihood that a camera caught it, proving the accident happened as you said it did. Photographs of accident victims’ injuries can also establish their severity and bolster a personal injury claim.
  • Expert Witnesses – Expert witnesses are professionals in their respective fields who offer their opinions in court cases. Examples that auto accident attorneys use include crash reconstruction specialists, medical professionals, and financial advisors.

What Is My Watertown Car Accident Claim Worth?

Watertown Car Accident Lawyer Image 2To determine what your case is worth, you and your personal injury lawyer will have to look at the specifics of your case. However, four main factors are used to determine the amount of compensation you can expect:

  1. The extent and severity of your injuries
  2. The level of negligence you were assigned for your role in the accident
  3. The types of compensation you’re seeking
  4. The insurance coverage of the at-fault driver

Types of Compensation Available

You can seek a few different compensation types after a car accident. These types of compensation are non-exclusive, meaning you can claim all the compensation types offered. Types of available compensation include:

  • Medical Expenses – Medical expenses are the most common type of compensation in car accident injury cases. Hospital stays, surgeries, medications, physical therapy, and other medical bills related to your treatment apply.
  • Disability and Disfigurement – Some car accidents can result in permanent disability and disfigurement. You may be left using a wheelchair, you may have lost a limb or an eye, or you may have severe scars on your head and face from a vehicle fire.
  • Lost Wages – If you’ve been injured in a car accident, you might have to take off work to recover. In severe cases, you may also be unable to work or only able to work in a reduced capacity. Recovering lost wages is a priority in a car accident case.
  • Pain and Suffering – Physical pain, emotional distress, and loss of enjoyment of life are all non-economic damages you can seek compensation for after a car accident. They can be more challenging to prove than the economic damages listed above. But a skilled car accident injury attorney can help.
  • Property Damage – If the car crash you were in was severe enough to injure you, it was also likely severe enough to cause property damage. You can seek compensation for damage to your vehicle or any other property destroyed by the accident.
  • Punitive Damages – If the at-fault driver’s actions were especially egregious, the courts may also award punitive damages.

Mandatory Minimum Auto Insurance Coverage

The last of the big four factors that can determine the compensation you receive is the auto insurance carried by the at-fault driver. The mandatory minimum auto insurance coverage in South Dakota includes:

  • $25,000 per person and $50,000 per accident for bodily injury
  • $25,000 per accident for property damage
  • $25,000 per person and $50,000 per accident for uninsured motorist
  • $25,000 per person and $50,000 per accident for underinsured motorist

If your awarded compensation exceeds these amounts, it may have to come from the at-fault party and driver directly. If the driver can’t afford the compensation they owe, it can be hard to recover the total amount. Your car accident attorney can advise you on what compensation is and is not worth pursuing.

Car Accident Injury Statute of Limitations

A statute of limitations is the maximum time you have to start legal proceedings after an event. The limits vary by state. In South Dakota, the statute of limitations for personal injury claims is three years.

Car accident injuries are considered personal injuries. So, in most personal injury cases, many car accident victims have three years after the date of your injury to file your claim. However, some unique circumstances can add additional deadlines to your auto accident case.

For example, if the driver who caused your injuries is an employee of a public entity, you may also have to provide notice within 180 days of your injury. And if you and an experienced personal injury attorney are filing a claim against the state, the statute of limitations is one year instead of three.

Failure to file your claim within the statute of limitations or any other forms required in your case could prevent you from recovering compensation for your injuries. This is why having an experienced Watertown car accident lawyer is a good idea when you have experienced serious injuries. Your legal representation will understand the deadlines associated with your auto accident case and will be able to file everything on time.

Contact a Watertown Car Accident Attorney Today

Car accident injury cases in South Dakota can be complex. If you’re unfamiliar with the legal landscape of personal injury claims in the state, receiving fair compensation and for your injuries can be difficult. That’s where the experienced car accident attorneys of Turbak Law Office, P.C. come in. Are you ready to start your car accident injury claim? Contact us online or call 605-886-8361 for a free case consultation. Our testimonials and case results show how dedicated our legal team is to your success.

Our legal team will investigate your case, represent you in settlement negotiations, and fight for your right to compensation in court. Contact our law office online or call 605-886-8361 today for a free legal consultation from an experienced Watertown car accident lawyer. And remember, you don’t pay unless our car accident lawyers in Watertown win your car accident case.

Results
$11,000,000 Settlement Car Accident
$4,007,015.24 Settlement Semi Truck Collisions
$3,450,000 Settlement Motorcycle Accidents
$2,500,000 Settlement Wrongful Death
$2,500,000 Settlement Wrongful Death
Client Testimonials
a beacon of excellence in the legal field

3 years ago I found myself in the unfortunate position of being involved in a car accident. Amidst the chaos and stress, Turbak Law Office became my guiding light, and I am beyond grateful for their exceptional support and dedication throughout the entire process.

From the moment I reached out to Turbak Law Office, their team displayed a level of professionalism and empathy that immediately put me at ease. They listened attentively to my concerns, thoroughly explained the legal proceedings, and outlined a strategy that gave me confidence in the path forward.

What truly sets Turbak Law Office apart is their unwavering commitment to their clients. Throughout the entire duration of my case, they were proactive in keeping me informed, consistently updating me on any developments, and promptly addressing any questions or concerns I had along the way. Their communication was clear, concise, and always delivered with a genuine concern for my well-being.

I cannot recommend Turbak Law Office highly enough. Their dedication, professionalism, and genuine care for their clients make them stand out as a beacon of excellence in the legal field. If you find yourself in need of legal representation, look no further than Turbak Law Office – they are truly the best in the business. Thank you, Dillon Martinez, Seamus Turbak, and the entire Turbak team, for all that you have done for me and my family.

Carlito E.
You guys are amazing!

There determination and hardwork helped us settle a claim that I thought was going to be impossible. I was told that Turbak is the best and everyone is right! So thankful for their expertise! You guys are amazing!

Jessie B.
Great people, great service!!

Great people, great service!! Always answered any questions right away! Dillon was also an amazing, helpful, kind person. He always had a smile on his face and took a lot of stress off my shoulders. Not once did I leave there feeling unsatisfied! 10/10 🙂

Quinn L.
exceedingly efficient and effective

I cannot thank Turbak Law enough for the time and effort they put in to bring closure to one of the most difficult times I have ever had to deal with. They were exceedingly efficient and effective in bringing a positive result and were able and willing to work around my schedule. Thank you to Seamus and Erika for all the work and support through all.

Tanya H.
View More Testimonials