Best Car Accident Lawyers in Sioux Falls

FAQs

• What is the non-emergency contact number for the local police station in Sioux Falls, South Dakota?

  (605) 367-7212 is the non-emergency contact number for Sioux Falls Police Department. For urgent requests, call (605) 367-7000.

• Where can I get a copy of police reports for incidents related to my case in Sioux Falls, South Dakota?

  You may request a copy of the accident report in person at the Sioux Falls Police Department's Law Enforcement Center. The report will be available after five business days.

• What is the time limit to file a car accident claim in Sioux Falls?

  The City of Sioux Falls, located in South Dakota, follows state laws. If you got injured in a car accident, you should file the lawsuit within three years of the crash date. If your vehicle or property has been damaged, you must sue the at-fault party within six years of the car wreck date. Additionally, if your loved one passed on as a result of their injuries from the car accident, you must file a wrongful death claim within three years of their death.

• If someone from my family died due to a car accident in Sioux Falls, who can file a wrongful death claim?

  Below is the list of people who can file for a wrongful death claim in Sioux Falls:

  • A spouse, a biological or adopted child, or a parent
  • Domestic life partner
  • Parent of an unborn child
  • Siblings or grandparents (if without spouse or children)
  • Financial dependent
  • A person who suffered financially because of the death, even if they are not related by marriage or blood

• Can you sue for punitive damages if you got injured in a car accident in Sioux Falls?

  In Sioux Falls, punitive damages are not awarded easily unless the defendant's action was proven intentional and worse than simple carelessness. Compensation for punitive damages is usually capped at 10 times the amount of the compensatory damage award. Additionally, you may sue for compensatory damages if you have been injured in a car accident. These include the monetary award for physical injuries, medical bills, and lost wages.

• Do you need to report minor car accidents in Sioux Falls?

  Yes, if you were involved in a minor car accident, you should contact the police. They will create an official South Dakota Motor Vehicle Traffic Accident Report, which can help you obtain fair compensation if you decide to file a claim later. Additionally, drivers must report motor vehicle accidents that resulted in death, injuries, or damages with an estimated cost of $2,000 or more.

• Can you receive compensation if you are partially responsible for a car accident in Sioux Falls?

  South Dakota law allows you to receive compensation for damages if you are slightly responsible for a car accident in Sioux Falls. The amount will be reduced based on the percentage of your responsibility. However, you won't be eligible for any compensation if you are judged to have been grossly negligent.

• How do I choose a car accident lawyer?

  To select a car accident lawyer, consider the lawyer's experience, focus, and reputation. While nearly any attorney can negotiate with insurers for a settlement, not all attorneys have amassed experience litigating a claim in a court of law. Choose an attorney with a background that includes car accident claimants; it's helpful if the attorney is focused on personal injury law. Lastly, read reviews from previous clients to get a feel for the attorney's helpfulness and responsiveness to clients. The best lawyer for your case is one that you feel comfortable and confident working with.

• What steps should I take after a car accident?

  Immediately following a car accident, get out of traffic as soon as possible and dial 9-1-1. Exchange car insurance information with any other involved drivers and get a police report as soon as possible. Be truthful about what happened, even if you are at fault, but stick to reporting the facts of the accident without offering an opinion on who is to blame. If possible, take photos of your car, other cars at the scene, and the scene itself.

• (When) Do I need a lawyer after a car accident?

  Start working with a car accident lawyer as soon as possible following your car accident (some attorneys even make hospital visits). By reaching out for legal help early on, you avoid some of the pitfalls of trying to handle your claim on your own. Your attorney can also get the ball rolling on reimbursement for your medical bills and lost wages while awaiting the outcome of your claim.

• How long after a car accident can you claim an injury?

  The length of time you can file a claim for an injury following a car accident is governed by the statute of limitations in your state. Although it varies, most states set the statute of limitations for injured parties to seek compensatory damages at three years following the accident or three years after you discover your injuries. In cases where children are injured, the statute of limitations may be longer.

• What do I do after a car accident that I'm not responsible for?

  After an accident that's not your fault, seek immediate medical help if you are injured. Once it's safe to do so, obtain the other driver's contact and insurance information, any statements from witnesses, and photos of the scene. Obtain a police report and contact your insurer and the at-fault party's insurer. If you are injured, schedule a consultation with a car accident attorney to discuss your legal options.

• What happens if someone sues you after a car accident?

  If you have car insurance in force at the time of the accident, your insurance is contractually bound to represent you on any claims that arise, indemnifying you against loss up to the limits of your policy. You can help your insurance company by cooperating fully. If the plaintiff in any lawsuit obtains a judgment above your policy limits, then you can be held personally responsible for any damages awarded.

• What/how much can I expect from a car accident settlement?

  According to the Insurance Information Institute, the average bodily injury claim in 2018 was $15,785. The amount of any particular car accident settlement hinges primarily on the severity of the injuries sustained as a result and whether or not any partial or total permanent disability was caused by the accident. Claims that involve broken bones or nerve damage likely settle for more than claims where soft tissue injuries are present.

• How do I arrange a rental car after an accident?

  To arrange a rental car after an accident, first consider whether your insurance or the other party's insurance will be paying for the rental. If another driver is found to be at-fault for the accident, that driver's insurance may pay the costs. If you are responsible, your insurance may pay if your policy covers such expenses. Speak with your insurance adjuster to determine if you have benefits available.

• How long does it take for car insurance to go back down after an accident?

  Post-accident rate spikes can last anywhere from three to five years, depending on your insurer. However, if damages incurred during the accident are less than $2,000, your rate may not go up at all. Three years is typical for collision and property damage claims. Five years is not uncommon in accidents involving bodily injury claims, DUI or DWI, reckless driving, or serious violations at the time of the accident.

• How to settle a car accident claim without a lawyer?

  To negotiate a car accident settlement without a lawyer, you'll have to prove that the other party was to blame for your damages. Gather evidence at the scene to support your claim, including witness statements and photos. Seek medical treatment for your injuries immediately. Notify the other driver's insurer of your intent to file a claim. If you reside in a no-fault state, you will need to use your personal injury protection (PIP) benefits first before filing a claim against the other party for medical expenses and bodily injury. Be prepared with medical records, police reports, receipts for out-of-pocket accident-related costs, and proof of lost income due to the accident before beginning negotiations.