For anyone who has been injured in a car accident and is considering filing a lawsuit in South Dakota, here are two of the biggest myths about the process.
Myth #1 - It's Not My Fault, So The Other Person Will Pay For Everything
One of the biggest myths is that if an accident wasn't your fault, the other person is going to pay for everything. However, it usually doesn't matter who the other person is - it really depends on the amount of the person's insurance coverage. That person's insurance company will be hiring the attorney to defend the case and paying out any recovery. So, don't think that the other person's insurance company is working for you - in most instances, they are working against your interests.
Myth #2 - You Can Wait To Bring A Lawsuit
Another myth is that your lawsuit can be brought years down the road. However, in South Dakota, there is a three (3) year statute of limitations for car accident cases. This means that you must start your lawsuit within three years after the accident took place. If you don't, a court will likely refuse to hear your case.