Do you have an upcoming personal injury lawsuit in the state of South Dakota?
A lengthy legal battle is usually unexpected and could leave you dealing with a significant financial strain. At Nova Legal Funding, we provide immediate financial support to our customers with our pre-settlement loans.
Plaintiffs facing a personal injury lawsuit in South Dakota may struggle to cover important payments such as rent, mortgage, and bills during their case. Taking extra time off work to recover from injuries can add further financial pressure. In some cases, insurance companies may use stalling tactics, pressuring plaintiffs into settling quickly and for less compensation than they deserve.
At Nova Legal Funding, we offer a wholly non-recourse cash advance that does not need to be repaid by plaintiffs who lose their personal injury cases. This pre-settlement funding system means there’s no risk in completing an application.
You can apply for a pre-settlement loan with Nova Legal Funding at any time during your case. We aim to provide financial support within 24 hours of approval, giving you and your attorney the space to negotiate the settlement you deserve.
Laws and Regulations of Pre-Settlement Funding in South Dakota
Important South Dakota Legal Information
| Avg. Funding per case from Nova Legal Funding | $29,296 |
| Fault Laws | Slight/Gross Negligence Comparative Plaintiff barred from any recovery for anything other than slight negligence. S.D.C.L. § 20-9-2. |
| Statute of Limitations | 3 years Title 15, Ch. 2, Sec. 15-2-14 |
| Minimum policy limits for bodily injury & property damage | $25,000 bodily injury liability per person $50,000 bodily injury liability per accident $25,000 property damage liability per accident $25,000 uninsured/underinsured motorist coverage per person $50,000 uninsured/underinsured motorist coverage per accident |
| Minimum UIM auto insurance limits | Liability: 25/50/25 UM/UIM BI: 25/50 |
| Workers compensation eligibility | Eligible |
Unlike many US states, residents of South Dakota are able to receive loans for workers’ compensation cases. However, this does not apply to any workplace injuries or illnesses in which drugs or alcohol were involved.
South Dakota Personal Injury Law: How Does it Affect Legal Funding?
The statute of limitations for personal injury cases in South Dakota is three years. This means injured parties have to file a claim against those responsible within this timeframe, from the date of the accident. Failure to do so means the courts can refuse to hear the case, and any compensation is forfeited. There are different guidelines if a claim is being made against a government employee or agency. In these circumstances, parties have just one year after the accident to file a claim.
South Dakota is the only state to use the slight/gross negligence comparative fault rule in personal injury cases. This determines who is at fault for the accident in question and therefore responsible for paying compensation. Similar to other states, South Dakota courts will assign a percentage of responsibility to each party involved which determines how much of the total damages they have to pay. Hence, somebody 60% at fault will pay 60% of the compensation. However, in South Dakota, injured parties can only collect damages if their negligence was slight and the defendants were gross. This is often difficult to litigate as it’s unclear how ‘slight’ negligence can be quantified. ‘Slight’ may be attributed as long as the injured party is less responsible than the defendant, therefore a plaintiff 40% responsible would be able to receive damages—though 40% would be deducted from the total accordingly.
There are no damage caps in most of South Dakota’s personal injury cases. However, economic and non-economic damages are capped at $1 million in medical malpractice cases, as are all damages in product liability cases.
Notable Personal Injury Lawyers in South Dakota
There are many experienced personal injury lawyers who would gladly represent you in South Dakota:
Steven M. Johnson
101 S Main Ave #100, Sioux Falls, SD 57104
Bob Moore
924 Quincy St, Rapid City, SD 57701
Jay R. Gellhaus
120 S Lincoln St, Aberdeen, SD 57401
Kit McCahren
117 E Capitol Ave, Pierre, SD 57501
Roger W. Ellyson
21 SE 1st Ave, Watertown, SD 57201
Jack Theeler
1718 N Sanborn Blvd, Mitchell, SD 57301
Garrett Horn
401 Capital St, Yankton, SD 57078
Michael Strain
1134 Main St, Sturgis, SD 57785
Car Accident and Fatality Statistics in South Dakota
Traffic fatalities in South Dakota increased to 129 in 2017, up 13% from the previous year according to the South Dakota Highway Patrol. The majority of fatal crashes were caused by speeding and alcohol, while approximately two-thirds of victims were not wearing seatbelts.
The U.S. Department of Transportation’s Fatality Analysis Reporting System additionally reported that roughly 73% of all fatalities were car, pickup, and SUV occupants. Just 16% of all fatal crashes occurred in urban environments compared to 84% in rural locations.
Nova Legal Funding provides lawsuit funding to drivers who have been involved in accidents such as:
- Pedestrian accident
- Auto accident pre settlement funding
- Tractor trailer accident (truck accident)
- Bus accident
- Bicycle accident
- Motorcycle accident
Get in touch today to receive a free case evaluation and learn more about the benefits of pre-settlement funding.
South Dakota Lawsuit Funding FAQs
How do I know if I qualify for a pre-settlement loan in South Dakota?
Personal injuries caused by another party are automatically eligible for legal funding. If the accident occurred in South Dakota, and you sustained significant injuries as a result, you qualify for a quick and simple application.
Is this a lawsuit loan or cash advance?
This is commonly referred to as a lawsuit loan, but the funding we offer is actually a non-recourse cash advance against your eventual case settlement. As a non-recourse payment, we only collect the loan if you win your case or obtain a settlement.
Does it matter how I spend the pre-settlement funding?
Lawsuit funding is offered to those who need financial support during a personal injury lawsuit. However, there are no guidelines on how this money should be spent. Previous plaintiffs in South Dakota have used the cash to pay off debts, cover mortgage and rent payments, and handle general living expenses.
Apply For Lawsuit Funding in South Dakota Now
For immediate financial support to help you through your personal injury lawsuit, get in touch with our expert team at Nova Legal Funding today. We are available around the clock for personal injury plaintiffs. Contact us today for a free evaluation of your case, and find out more about the benefits of our lawsuit loans in South Dakota.
Call us toll-free at 800-760-0704 to speak with a friendly funding specialist today.