I was in a car accident, but the insurance company already offered me a settlement. Should I see an attorney?
Yes. Do not sign anything until you have spoken with an attorney. Our firm deals with insurance companies and injuries frequently, and we know what a good settlement is and what is not a good settlement. There are many advantages of proceeding with an attorney, for example, the insurance company or their attorneys will know that an attorney can effectively take a case to trial, depose witnesses, perform proper discovery, and win a verdict, which is a distinct negotiating advantage.
What damages am I entitled to when I am injured?
South Dakota law permits recovery for lost wages, medical expenses, pain and suffering, and other reasonably foreseeable damages and expenses caused by the negligence of another person. It is important to discuss what your damages may or may not be with an attorney in the event you are injured and believe it is another person’s fault. I am commonly asked if attorney’s fees are recoverable, and the answer is generally no. South Dakota follows the “American Rule” in which each party is free to hire their own lawyers, but each party has to pay for their own lawyers – win or lose.
What is an attorney going to cost?
Legal fees for personal injury are generally on a contingency basis, which means the law firm only gets paid if they can recover for you. Fees in South Dakota range between 25% and 40% of the total recovery, which reflects the market value of having a competent attorney assist you if you are injured.
If you are injured in a car accident or on someone else’s property, it is important you get the medical care you need, and the compensation you deserve for pain and suffering and lost wages. Your job and career, as well as your health can suffer long term effects from an injury.
Frequently Asked Questions
427 N. Minnesota Ave, Suite 101
Sioux Falls, SD 57104
P: 605.332.6803 • F: 605.332.3692
- Auto Accidents
- Injury from Negligence of Others
- Injury on Business Property
- Injury on Property of Others
PERSONAL INJURY LAW
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