Spearfish Personal Injury Lawyers

Fighting for Every Penny You are Owed

Have you been in a serious accident that you know was not your fault? You should not be surprised if the party that did hurt you tries to deny everything. At the least, you can be sure that the insurance company representing them will not make things easy for you and will do all it can to minimize the value of your claim.

To make sure your case can stand up to the opposition’s scrutiny, team up with Whiting Hagg & Dorsey, LLP. Our personal injury attorneys in Spearfish are well-versed in a wide variety of different case types and the many steps that go into them.

Whether your claim can be settled or a lawsuit must be litigated in court, you can count on our 150+ years of collective legal experience to see your case to the end. Call (605) 519-6136 today or contact us online.

Types of Injury Claims We Handle

Different personal injury cases that our team in Spearfish can handle include:

• Car accidents: Motor vehicle accidents are a leading cause of preventable injuries across the country. If you were in a crash caused by another driver, get us on the case right away. We have built much of our careers on handling complex and high-stakes claims filed against stubborn auto insurance companies.
• Motorcycle accidents: Motorcyclists often need more compensation than the typical motorist after a crash. Yet insurance companies usually put up the biggest fight against their cases. Come to us if you need legal assistance with your motorcycle accident claim.
• Catastrophic injuries: When you have suffered a life-changing injury like brain damage or spinal cord damage, the compensation you receive needs to reflect it. Our team knows how to maximize the value of a catastrophic injury case and chase down every cent.
• Dog bites: You can hold a dog owner liable for the harm their pet caused you and your family, but it might be a complicated legal affair. Allow our personal injury lawyers in Spearfish to help you with all steps of your case, especially if you know the person who owns the dog that bit you.
• Product liability cases: Were you using a product that seemed fine when it suddenly broke and hurt you? Product defects cause serious injuries all the time, but most people do not know how to seek compensation afterward. Separate your case from the crowd by letting us manage it for you.
• Slip and fall accidents: Do not downplay your injuries if you slipped and fell on someone else’s property because of a hazard that should have not been there in the first place, like an uplifted rug or slippery tile floor. Take them and your right to compensation by speaking with our team right away.
• Workers’ compensation: Our knowledge of personal injury law also helps us with workers’ compensation claims. If you were hurt at work in any industry – from law enforcement and healthcare to retail and foodservice – we would be proud to help a Spearfish local like yourself get the workers’ comp benefits you need to recover safely and comfortably.

To discuss your potential case with us, dial (605) 519-6136 or use an online contact form.

Compensation You Might Be Owed

The money that you are owed through a personal injury claim might be the center of your attention right now, which is completely fair. After all, you do not deserve to get stuck with the bills and debt associated with your serious injury. But that could happen if your case does not end in your favor. Let us help you manage your case, including the accurate calculation of how much money the defendant should give you.

Compensation owed to you can include:

• Past and future medical treatment costs
• Lost wages due to your injury or hospitalization
• Reduced income capacity for permanent injury complications
• Permanent disability hardships
• Physical pain and emotional suffering
• Lessened independence and enjoyment of life

South Dakota’s Slight Gross Negligence Rule

South Dakota is the only state in the country that uses a “slight gross negligence rule” when deciding if a claimant has the right to make a recovery from a defendant in a personal injury claim. Under this rule, a case can be denied if the claimant is found to have acted with “slight gross negligence” that contributed to their own injuries and damages. The problem is that the definition of what is “slight” is mostly open to case-by-case determination.

In one case, the South Dakota Supreme Court found that 30% liability for an injury was enough to consider that the claimant had acted with “slight gross negligence.” After this ruling, the presumption has been that if a claimant’s negligence meets or exceeds 30%, then the chances of successfully pursuing a claim will go down. This is why it is so important to work with a qualified legal team that knows how to reduce your liability through strong evidence and convincing legal arguments.

What Is the Statute of Limitations for Personal Injury in South Dakota?

South Dakota allows victims to file a personal injury claim to pursue compensation for damages for up to 3 years after the date of their injury (SD Codified Laws Section 15-2-14). Filing before the statute of limitations runs out is extremely important. If you wait too long, the court may decide to dismiss your case altogether and you will be unable to pursue compensation. If you're worried that time may have run out for you, reach out to our legal team today to discuss your situation. Sometimes there are exceptions to the statute of limitations.

Need Legal Help? Reach Out Today!

Our Spearfish personal injury attorneys would be happy to hear from you if you need help starting or managing an injury claim. From car accidents to premises liability contests, you know that you can trust us with your case. We are Whiting Hagg & Dorsey, LLP, and we are here to help you.

Dial (605) 519-6136 and request a free, confidential case consultation.