Personal Injury Considerations

Personal Injury Considerations  Personal Injury Considerations

Statute of Limitations

When an accident occurs and you are injured, it is important to consider several things. The applicable statute of limitations is critical to know and monitor because it can defeat your claim entirely if missed. In some states, that time period is shorter than others. For example, in South Dakota, there is a three-year statute of limitations under SDCL 15-2-14 for a personal injury claim caused by negligent acts of another.

If it is an injury from an assault or intentional act to harm, the statute of limitations is shorter. In South Dakota the statute of limitations for an assault and battery is two years from the date of the act occurring under SDCL 15-2-15. 

The statute of limitations is important because if you do not file your case within that applicable time period, you may be barred from pursuing your claim. All states have different applicable time frames to file your lawsuit and if you do not meet that deadline, insurance companies will not honor or consider paying your claim.

Some tolling statutes apply if you are a minor and have not yet reached the age of majority in your state. In that situation in South Dakota, if you are injured in an automobile accident as a minor, you can be able to file your claim within one year after you reach the age of 18 under SDCL 15-2-22.

Insurance Coverage for Your Injury

Another consideration is which insurance coverage applies applicable to your injury claim. If you have an automobile injury, there may be several insurance companies to consider making a claim under, including your own for medical payments if you have it available. If the negligent party does not have any insurance or sufficient coverage, you may be able to look to your own insurance underinsured or uninsured coverage to pay your medical bills and damages claim.

Documenting Your Injury Claim

Documenting your injuries and damages is important in order to prove the auto or premises liability accident caused your injury. Judges, juries and insurance companies want to see the proof and evidence of your injuries, lost wages, damages and photographs of bruising, scarring, the vehicle damage, accident scene, lighting, location and other key aspects to prove what occurred and that you sustained the injuries you claim are critical. If it was a car accident, you will need to prove how severe the accident was and that your injuries were caused in the automobile collision. Not only does this protect your claim but it also demonstrates the validity of it.

Ask your doctors who are treating you whether the accident caused your injuries. If you had a prior condition, and the accident made it worse, you will also want to know that, too. Exacerbation of pre-existing conditions caused by a car accident or premises accident are still compensable in many states.

Keep Track of Your Expenses

After an injury in an auto accident, you may find the expenses overwhelming. You should ask for medical bills from your doctors, keep track of mileage to and from doctor appointments, and make sure you keep receipts. Often times you will have incidental expenses, too, like crutches, prescriptions, or other assistive devices that you may not realize are allowed as part of your injury claim.

Time lost from work too is compensable. If you missed hours, days or weeks from work, it is important to include that as part of your claim for damages after an injury.

Summary and Key FAQ’S

There are several considerations when bringing a claim for an automobile, slip and fall or trip and fall premises liability claim, or other type of injury. Knowing the relevant deadlines to file a lawsuit, what type of insurance coverage is available to you from all sources and whether you have documented your injuries, and the accident sufficiently are important aspects to consider. Also, getting the appropriate medical treatment is necessary. Waiting for long periods of time to report the claim, document it, or seek medical treatment will complicate your claim and receiving the compensation you deserve. Call Stephanie Amiotte at 605.595.7658 or email her at stephanie@amiottelaw.org for a free consultation.