South Dakota personal injury laws dictate that all victims have a three-year statute of limitations. Any accident victim that fails to file a claim prior to the end of this statute cannot collect damages. This statute applies to all personal injury claims except those filed against state, county, or government officials. In these cases, the statute is reduced to a one-year window.
How Comparative Fault Works
All claims for a personal injury in Rapid City SD are evaluated to determine if the victim shared the fault. Under the comparative fault ruling, the settlement is reduced according to the percent assigned by the judge. The percentage identifies the portion of the fault assigned to the victim. For example, an auto accident victim who was guilty of speeding prior to the accident is also accountable. Any victim who is identified as at least fifty percent at fault won’t receive compensation.
How Comparative Fault Works in Medical Malpractice
The victim is at fault if they fail to follow instructions given to them prior to a medical procedure. For example, if the doctor instructs them to stop taking certain medications and they don’t, the doctor isn’t accountable fully for any complications that are produced. If the doctor discloses fully all risks associated with the procedure, he or she isn’t accountable for the patient’s decision.
Are There Any Caps?
Yes, the state of South Dakota imposes caps on all medical malpractice cases. The damages awarded to victims cannot exceed $1,000,000. This valuation includes all probable damage types.
Identifying Fault in Animal Attacks
The one-bite ruling utilized by the state allows victims to sue pet owners. However, the victim must prove that the pet owner had previous knowledge of aggressive behavior. In these cases, the victim cannot provoke the animal or trespass on the property.
In personal injury cases, victims must familiarize themselves with applicable laws. These laws dictate how the opposition could approach their claims. Victims who aren’t at fault should take steps to prevent the opposition from using these tactics to avoid a settlement. To learn more about laws pertaining to personal injury in Rapid City SD, contact an attorney now.
