South Dakota has statutes which may have a profound effect on your personal injury case. Knowing these rules can determine how much you are able to collect in damages. The following are some important South Dakota personal injury laws.
Deadlines- South Dakota imposes a deadline of three years to file a personal injury claim. This deadline extends from the date of the accident. Failure to file in a timely manner can result in the loss of the right to have the case heard in court.
Shared Fault- South Dakota uses the comparative negligence or shared fault rule. This means your fault in the accident is determined as a percentage by the court. The amount of damages you are entitled to collect are then reduced by a percentage equal to your fault. For instance, if you are 10% at fault, an award of $10,000 becomes $9,000.
Owner Liability in Dog Bite Cases- South Dakota observes the one bite rule in dog attack cases. This means that the owner is protected from liability the first time the dog attacks, because there was no previous knowledge that the animal was dangerous.
Damage Caps- South Dakota imposes damage caps on non-economic damages for certain types of personal injury cases. These limits do not imply to economic damages such as lost wages and medical bills. For example, there is a limit of $1,000,000 for medical malpractice suits.
Claims Against the Government- There is a strict time limit of one year to file any injury claims against government agencies or employees.
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