Get Answers to Your Highest Priority South Dakota Legal Questions

In ordering joint legal custody, a South Dakota court may consider the expressed desires of the parents and may grant to one party the ultimate responsibility over specific aspects of the child's welfare or may divide those aspects between the parties based on the best interest of the child.  If it appears to the court to be in the best interest of the child, the court may order, or the parties may agree, how any such responsibility shall be divided. Such areas of responsibility may include the child's primary physical residence, child care, education, extracurricular activities, medical and dental care, religious instruction, the child's use of motor vehicles, and any other responsibilities which the court finds unique to a particular family or in the best interest of the child.  If the court awards joint legal custody, it may also order joint physical custody in such proportions as are in the best interests of the child, notwithstanding the objection of either parent.

The most difficult cases we handle in our office involve the death or serious injury of a child.  It's heartbreaking to see the emotional devastation parents, grandparents, and siblings experience after a child has been injured in an accident.  As we all have children in our lives, we understand how traumatic these experiences can be for families.

When tragedy strikes, the lives of parents are turned upside down.  If their child has been seriously injured, parents are left trying to navigate the medical community and health insurance.  If someone has lost a child, just trying to get out of bed can seem like a monumental task. Deaths or injuries caused by someone else's careless conduct adds even more stress because it entails dealing with a legal system with which most people have little experience.

If your child has been injured in an accident, the initial steps you take can make a big difference to the outcome of the case.

We've compiled ten tips to help your child after an injury in South Dakota:

1.     Seek treatment immediately.
2.     Don't rush to settle your child's claim quickly.
3.     Don't underestimate the insurance adjusters who contact you.
4.     Don't provide a statement to the adjuster.
5.     Don't sign any medical authorization forms.
6.     Start a file to document everything connected to your child's case.
7.     Honesty is the best policy.
8.     Don't withhold information from your lawyer.
9.     Don't exaggerate the impact of your child's injury.
10.   Hire an attorney who devotes his practice to these types of cases.

We've found that parents whose kids have been hurt in accidents have so much on their minds that they don't need more confusion when they're evaluating their legal options. The attorneys in our office believe that our goal is to help parents understand how they can best protect their rights and their children's rights.  When parents meet with us, they're looking for straightforward answers and common sense guidance.  We will provide solid information for parents so they feel like they have a grasp on the basics to best help their child.

In South Dakota, wrongful death lawsuits can be brought against a wide variety of persons, companies, government agencies, and employees. For example, in a car accident involving a faulty roadway and a drunk driver, a wrongful death action might include defendants such as:

• the driver or employer at fault in the automobile accident
• the designer or builder of the faulty roadway
• a government agent who failed to provide adequate warnings regarding a road hazard that caused the accident, or
• the manufacturer, distributor, or installer of a faulty or dangerous part of the vehicle.

A wrongful death claim in South Dakota must be filed by a representative on behalf of the survivors who suffer damage from the decedent's death (also know as the "real parties in interest"). The representative is usually the personal representative of the decedent's estate. In South Dakota, the "real parties in interest" are usually immediate family members. 

In South Dakota, victims of auto accidents have three years in which to file a car accident claim to recover compensation related to personal injuries, according to South Dakota's statute of limitations.  While this might sound like a good chunk of time, waiting too long to start the claims process may reduce evidence availability and may pose other challenges.

Talking with your aging parents about their current and future financial issues is never easy.  However, in making any estate planning decisions, you should discuss:

1.  bank accounts;

2.  mortgages;

3.  loans;

4.  credit card accounts;

5.  life insurance policies; and

6.  ownership documents (regarding houses, cars, and other assets).

Once you receive this information, you will be able to know how you are going to be able to care for your parents long-term. It is a good idea that once you have discussed these topics that you then seek the advice of an attorney or financial planner.

The grounds for divorce in South Dakota are:

             (1)       Adultery;

             (2)      Extreme cruelty;

             (3)      Willful desertion;

             (4)      Willful neglect;

             (5)      Habitual intemperance;

             (6)      Conviction of felony; or

             (7)      Irreconcilable differences.

If you are a Minnesota resident injured while visiting South Dakota, you will need an attorney that is licensed to practice law in South Dakota.  Each state has its own personal injury laws.  You will need an attorney that has extensive knowledge and experience of South Dakota personal injury law.   

Yes, your comments, photos, and posts can wreak havoc on your South Dakota personal injury claim if you are not careful. 

Social media and networking sites are becoming important resources of background information for:

• lawyers;
• law enforcement; and
• insurance companies.

Because of the casual nature of social media sites like Twitter and Facebook, people are more likely to post comments that impact their case.  

 

 

 

 

First, call law enforcement so that any witnesses can be located and an independent law enforcement report can be filed. 

Second, do not admit fault. 

Third, seek prompt medical attention if you’re injured.

Fourth, take photographs of the damage to each vehicle.

Fifth, report the accident to your own auto insurance company, even if you are not at fault.  You may also be entitled to certain insurance benefits under your own policy.

Sixth, don't give a statement to the other driver’s insurance company. 

Finally, you may want to at least consult with an experienced lawyer if (1) there’s an argument about who caused the accident, (2) your injuries are serious, permanent or long-lasting, or (3) your medical bills and wage loss is expected to exceed $5,000.