Personal injury cases in South Dakota involve complex legal processes. Small errors can significantly impact your compensation. From the moment an injury occurs, the decisions you make matter. The mistakes you avoid can determine whether you receive fair compensation or leave money on the table.
Turbak Law Office, P.C. has handled hundreds of personal injury cases across South Dakota. Through this experience, we’ve identified the most common mistakes that reduce case value. These errors prevent injured individuals from receiving the compensation they deserve. This guide covers eight critical mistakes that can hurt your personal injury case and practical steps to avoid them.
Early legal consultation prevents these errors and protects your rights. The sooner you contact an experienced Watertown personal injury attorney, the sooner we can help you avoid costly mistakes.
Mistake #1: Waiting Too Long to Seek Medical Attention
Seeking immediate medical care after an injury is one of the most important steps you can take. Yet many injured people delay treatment for various reasons. Cost concerns, thinking the injury isn’t serious, or not realizing the legal implications, all contribute to delays.
Insurance companies use delays in treatment as evidence. They argue that your injuries aren’t serious. When you wait days or weeks to see a doctor, adjusters claim that a truly injured person would have sought care immediately. This delay creates a gap in your medical records that can undermine your entire case.
Medical records establish the direct connection between the incident and your injuries. When you seek care within 24-48 hours of an incident, you create a clear timeline. This timeline supports your claim. These records become evidence that proves:
- The injury occurred as a result of the incident
- The severity of your condition at the time of treatment
- The medical professional’s assessment of your injuries
- The recommended treatment plan
Why Insurance Companies Question Delayed Treatment
Insurance adjusters are trained to look for inconsistencies. A gap between the incident date and your first medical visit gives them ammunition. They argue that your injuries developed from something else. Or they claim you’re exaggerating their severity. Even a delay of a few days can be used against you in settlement negotiations or a trial.
According to the American Medical Association, prompt medical documentation is critical for establishing causation in injury cases. Action Step: Seek medical attention within 24-48 hours of any injury, even if you think it’s minor. Some injuries don’t show symptoms immediately. Early documentation protects your case.
Mistake #2: Failing to Document Evidence at the Scene
The moments immediately following an incident are critical for evidence preservation. Photos, videos, witness information, and police reports create a factual record. This record becomes harder to dispute later.
Scene documentation deteriorates over time. Weather conditions change, property is repaired, and memories fade. In South Dakota, weather can dramatically alter accident scenes. Snow covers skid marks, rain washes away debris, and seasons change the appearance of premises.
Take these practical steps to document evidence:
- Photograph the accident scene from multiple angles
- Take close-up photos of property damage, road conditions, and hazards
- Record video of the scene if possible
- Collect contact information from all witnesses
- Note weather conditions, time of day, and lighting
- Request a copy of any police report filed
What Evidence Should You Preserve?
Specific types of evidence matter most in car accident cases. Photographs of vehicle damage, property damage, or hazardous conditions provide visual proof. Witness contact information allows your attorney to gather statements. These statements support your version of events. Police reports create an official record of what happened.
Turbak Law Office, P.C. employs a forensic investigator for complex cases. When evidence preservation is critical, our investigator can document the scene professionally. We preserve evidence that might otherwise be lost. Learn more about our truck accident investigation process to understand how professional documentation strengthens your case.
Action Step: Document everything at the scene. If you’re injured and unable to do so, ask a trusted person to take photos and collect witness information for you.
Mistake #3: Ignoring Medical Advice and Missing Appointments
Non-compliance with medical treatment undermines your case value. Insurance adjusters use missed appointments as evidence. They claim you’re exaggerating your injuries. Or they suggest you don’t take your condition seriously.
The connection is straightforward: if your injuries were as serious as you claim, you would follow your doctor’s treatment recommendations. When you miss appointments, skip prescribed physical therapy, or ignore medical advice, adjusters argue that your injuries aren’t as severe as you’re claiming.
Consistent medical records strengthen settlement negotiations and trial outcomes. Courts and insurance companies view treatment compliance as evidence that:
- Your injuries are genuine
- You’re taking reasonable steps to recover
- You’re mitigating damages (which is your legal obligation)
- Your medical providers believe treatment is necessary
Many people miss appointments for understandable reasons. Cost concerns, work conflicts, inconvenience, or skepticism about treatment effectiveness all play a role. However, these reasons don’t protect your case. Turbak Law Office, P.C. helps clients navigate treatment while pursuing workers’ compensation claims. We discuss cost concerns and explore options for managing expenses during your case.
How Treatment Compliance Affects Your Settlement
A direct connection exists between following medical advice and compensation amounts. A claimant with consistent medical records typically receives higher settlements. Someone with gaps in treatment receives less. Insurance companies view compliance as proof of genuine injury. Understanding how medical evidence strengthens your workers’ comp claim is essential for maximizing your recovery.
Action Step: Follow all medical advice, attend all appointments, and keep detailed records of your treatment. If cost is a concern, discuss this with your attorney. We can help explore options.
Mistake #4: Posting About Your Injury on Social Media
Insurance companies monitor social media actively. They search for posts about your incident, injuries, or case. They use what they find against you.
Damaging posts include vacation photos (suggesting you’re not injured). Activity posts show you doing things you claimed you couldn’t do. Contradictory statements about your condition also hurt your case. Even “private” posts can be subpoenaed and used as evidence. Screenshots last forever, and deleted posts can often be recovered.
This applies to family members’ posts as well. A photo of you at a family gathering, posted by a relative, can be used against you. Adjusters argue that your injuries aren’t as serious as you claim. This happens even if you were in significant pain that day.
Action Step: Avoid posting about the incident, your injuries, or your case on any social media platform. Ask family and friends to do the same. When in doubt, don’t post.
Mistake #5: Accepting a Settlement Without Legal Representation
Early settlement offers from insurance companies are typically undervalued. Insurance adjusters are trained negotiators. Their job is to minimize what the company pays. They count on injured people accepting the first offer without understanding what their case is actually worth.
South Dakota’s comparative negligence rule affects settlement calculations. South Dakota uses a “more than slight” negligence standard. This standard is unique to our state. Understanding how this rule applies to your case is essential. You need to evaluate settlement offers properly. Under this standard, you can recover compensation if the defendant’s negligence is more than slight compared to your own negligence. Learn more about understanding comparative fault in South Dakota car accidents.
Insurance companies use pressure tactics to encourage quick settlements:
- Offering a “final” settlement that expires soon
- Suggesting that litigation will be expensive and time-consuming
- Implying that you might lose at trial
- Pressuring you to accept before you’ve fully recovered
A fair settlement should include:
- All past and future medical bills
- Lost wages and earning capacity
- Pain and suffering damages
- Other economic losses specific to your case
Turbak Law Office, P.C. negotiates on behalf of clients to ensure fair compensation. Nancy Turbak Berry holds the South Dakota record for the largest personal injury jury verdict. This demonstrates our firm’s ability to achieve substantial recoveries for injured clients. Review our case results and settlements to see examples of successful recoveries.
What Should a Fair Settlement Include?
Breakdown of economic and non-economic damages in South Dakota includes medical expenses (past and future), lost wages (past and future), pain and suffering, loss of enjoyment of life, and other damages specific to your circumstances. Understanding how personal injury damages are determined helps you evaluate settlement offers accurately.
Action Step: Never accept a settlement offer without consulting an attorney. Early legal representation ensures you understand your case’s true value.
Mistake #6: Providing a Recorded Statement Without an Attorney
Insurance companies request recorded statements from injured people. They frame this as routine. However, recorded statements can be used against you.
Statements can be misinterpreted or taken out of context. A casual comment about “feeling better” can be used to argue your injuries aren’t serious. Hesitation or uncertainty in your voice can be portrayed as dishonesty. Insurance companies are skilled at using recorded statements to undermine claims.
You have the legal right to decline a recorded statement. You also have the right to have an attorney present. South Dakota law protects your right to legal representation during any statement to an insurance company.
Action Step: Always consult an attorney before giving any statement to an insurance company. This protects both you and your case.
Mistake #7: Missing the Statute of Limitations Deadline
South Dakota’s statute of limitations for personal injury cases is generally three years from the date the injury occurred. However, important exceptions exist:
- Medical malpractice claims: 2-year statute of limitations
- Municipality or public entity claims: 2-year statute of limitations with a 180-day notice requirement
- State tort claims: 1-year statute of limitations
Missing the statute of limitations deadline means your case is dismissed. You lose the right to recover compensation. Time passes quickly, and delays compound. What seems like plenty of time now can disappear before you realize it. For detailed information, see our guide on how long after an accident can you sue in South Dakota.
Turbak Law Office, P.C. tracks all deadlines for clients. We ensure that claims are filed within the required timeframe.
Action Step: Consult an attorney immediately after an injury. Don’t wait to understand your deadline. Contact us right away.
Mistake #8: Not Preserving Evidence of Ongoing Damages
You must document ongoing medical treatment throughout your case. Keep organized records of:
- All medical appointments and treatments
- Medical bills and expenses
- Lost wages and income documentation
- How your injuries affect your daily life and work
Future damages are calculated based on evidence of ongoing impacts. Medical experts establish long-term effects through consistent documentation. Turbak Law Office, P.C. works with vocational rehabilitation experts. We demonstrate how injuries affect your earning capacity and future employment prospects. Understanding what a functional capacity evaluation means for workers’ compensation helps you prepare for the claims process.
Action Step: Maintain organized records throughout your case. Document everything related to your injury and recovery.
Contact Turbak Law Office, P.C. for a Free Consultation Today
Avoiding these eight common mistakes protects your personal injury case. These steps maximize your compensation. Early legal representation prevents errors. It ensures that every step of your case protects your rights.
Turbak Law Office, P.C. has represented injured South Dakotans for over 40 years. Our plaintiff-only focus means we never represent insurance companies or defendants. We represent you. Nancy Turbak Berry holds the South Dakota record for the largest personal injury jury verdict. Our team brings extensive experience in auto accidents, workers’ compensation, insurance bad faith, and wrongful death cases. You can explore client feedback to see the level of guidance and clarity we provide in each case.
Don’t let preventable mistakes reduce your compensation. Call 605-886-8361 or contact us online for a free consultation today.