FAQ

FAQ
- Do I really need a personal injury lawyer?
  
  There is no law requiring you to hire a lawyer after suffering an injury, however it is usually in your best interests to do so. In a perfect world, the responsible party’s insurance company would pay you for the full value of your losses up to the limits of your policy without any sort of pushback. Unfortunately, this is rarely the case. Personal injury claims are complex and must be proven with strong evidence. An attorney who understands the legal system can help you level the playing field, avoid costly errors, and maximize your chances of securing the compensation you deserve.
- How long do I have to file a personal injury lawsuit in South Dakota?
  
  Most personal injury lawsuits in South Dakota are subject to a three-year statute of limitations, meaning you typically have until the third anniversary of the accident or incident that caused you harm. If your accident or injury case involves the potential liability of a government agency or employee, this deadline is shortened to one year. If you attempt to file a lawsuit in court after the statute of limitations has expired, your case will almost certainly be dismissed and you will effectively lose your ability to recover compensation. Since complying with the statute of limitations can make or break your claim, it is urgent you act quickly and get an attorney involved early on in your case.
- I’m partially at fault for my injuries. Do I still have a case?
  
  Potentially, yes. South Dakota operates under a “comparative fault” system for handling cases in which an injured person shares some blame for the accident or injury. If you are found to be partially liable, the amount of compensation you recover will be reduced by your percentage of fault. For example, if you are injured and suffer $100,000 worth of damages but are found to be 30% at fault, you would still be eligible to recover $70,000 (or $100,000 less 30%).
- How can I afford a personal injury attorney?
  
  Nobody should be denied quality legal representation after a sudden accident or injury due to their inability to pay. At Beardsley, Jensen & Lee, we accept personal injury cases on a contingency fee basis, meaning there are no costs to you unless we are successful in handling your case. This ensures our interests are aligned with yours and allows you to focus on your physical recovery with peace of mind.