For over 40 years, Turbak Law Office, P.C. has represented injured individuals throughout South Dakota who have suffered catastrophic spinal cord injuries. Our team of personal injury attorneys understands how a spinal cord injury affects your life, your family, and your future. Our Spinal Cord Injury Lawyers represent only injured individuals—never insurance companies or defendants—which means your interests remain our sole focus from the moment you contact us.
If you or a loved one has sustained a spinal cord injury due to someone else’s negligence, you deserve an attorney who will fight to secure the maximum compensation you need to rebuild your life. Our firm has the resources, experience, and determination to hold negligent parties accountable. Contact our Watertown office today to discuss your case with a dedicated spinal cord injury attorney.
Understanding Spinal Cord Injuries and Your Legal Rights
A spinal cord injury occurs when trauma damages the nerve fibers in your spinal cord. This disrupts communication between your brain and the rest of your body. These injuries range from incomplete (partial loss of function) to complete (total loss of function below the injury site). The consequences are life-altering: loss of mobility, chronic pain, loss of independence, and the need for ongoing medical care and rehabilitation.
Types of Spinal Cord Injuries
Spinal cord injuries fall into two primary categories. Complete spinal cord injuries result in total loss of motor and sensory function below the injury level. Incomplete spinal cord injuries preserve some motor or sensory function, though the extent varies widely.
Tetraplegia (also called quadriplegia) affects all four limbs. It typically results from injuries to the cervical spine. Paraplegia affects the lower body. It typically results from injuries to the thoracic or lumbar spine. The severity of your injury determines your long-term care needs, medical expenses, and earning capacity. These factors are important in calculating fair compensation for catastrophic injuries.
Common Causes of Spinal Cord Injuries in South Dakota
Spinal cord injuries in our region result from various accidents where negligence plays a role. Motor vehicle accidents—including rear-end collisions, head-on crashes, and rollover accidents—remain a leading cause of spinal cord injuries. Truck accidents involving commercial vehicles create particularly severe injuries due to the force and weight involved. Motorcycle accidents frequently result in spinal cord trauma because riders lack the protective shell of a vehicle.
Workplace accidents, especially falls from height or equipment-related incidents, cause significant spinal cord injuries. Slip and fall accidents on negligently maintained property can result in devastating spinal cord damage. Diving accidents into shallow water cause immediate and catastrophic spinal cord damage. Falls from ladders, scaffolding, or due to negligent property maintenance also result in serious spinal cord injuries.
At Turbak Law Office, we investigate each accident thoroughly to establish negligence. We identify all responsible parties. Our forensic investigator, Nic Ahmann, brings 13 years of law enforcement experience. He has training in electronic evidence analysis—important for reconstructing motor vehicle accidents and establishing liability. This forensic expertise helps us build compelling cases for catastrophic injury victims.
Damages and Compensation for Spinal Cord Injuries
Spinal cord injury victims face extraordinary lifetime costs. South Dakota law allows you to recover comprehensive damages that reflect the full scope of your injury’s impact. Understanding the types of damages available helps you recognize the full value of your claim.
Types of Damages Available
Medical expenses represent the largest component of spinal cord injury compensation. This includes emergency treatment, hospitalization, surgery, rehabilitation, ongoing medical care, medications, and future medical needs. These costs can easily exceed millions of dollars over a lifetime.
Lost wages and earning capacity account for income you lose during recovery. They also account for reduced earning potential resulting from your disability. Pain and suffering compensation recognizes the physical pain and emotional trauma you endure. Loss of enjoyment of life addresses your inability to participate in activities you previously enjoyed.
Home and vehicle modifications—wheelchair ramps, accessible bathrooms, hand controls—are necessary expenses. Assistive devices and equipment, from wheelchairs to communication devices, enable independence. Long-term care costs, including in-home nursing, personal attendants, and facility care, often represent the largest lifetime expense for complete spinal cord injuries.
Seamus Culhane, one of our partners, has training in long-term care insurance litigation. This knowledge proves valuable in spinal cord injury cases. It’s particularly important when victims require ongoing care or when insurance coverage disputes arise. Nancy Turbak Berry, our founding partner, holds the South Dakota record for the largest personal injury jury verdict. This demonstrates our firm’s ability to secure substantial compensation for catastrophic injuries.
Why Choose Turbak Law Office for Your Spinal Cord Injury Case
Our firm’s approach to spinal cord injury cases reflects our core commitment: represent only injured individuals, never insurance companies or defendants. This plaintiff-only focus means we never face conflicts of interest. We never compromise your interests for corporate clients. Learn more about our team and our commitment to injured victims.
Our 40 years of catastrophic injury experience mean we understand the medical, financial, and personal dimensions of spinal cord injuries. We know which experts to retain and know how to calculate lifetime care costs. We know how to present your case compellingly to juries and insurance adjusters. Our track record of successful case results speaks to our ability to recover maximum compensation.
Our forensic investigation capabilities set us apart. Rather than outsourcing investigations, we maintain an in-house forensic electronics expert. Nic Ahmann retrieves and analyzes electronic evidence—vehicle black box data, cell phone records, traffic camera footage—that establishes liability and strengthens your claim. This in-house capability gives us a significant advantage in building strong cases.
Insurance bad faith knowledge proves important in spinal cord injury cases. When insurers deny claims or offer inadequate settlements, we pursue bad faith litigation. This holds them accountable and recovers additional damages. This knowledge protects you if the at-fault party’s insurance company acts unreasonably. We have extensive experience handling insurance claim denials.
Our attorneys bring recognized credentials. Nancy Turbak Berry is a Fellow of the American College of Trial Lawyers. She received the Trial Lawyer of the Year award from the South Dakota Trial Lawyers Association. She is board-certified in Civil Trial Advocacy. Liam Culhane brings experience in workers’ compensation matters. This knowledge is valuable for workplace spinal cord injuries. All our attorneys work on a contingency fee basis—no recovery, no fee—so you pay nothing unless we secure compensation for you.
The Spinal Cord Injury Claim Process
Understanding the legal process helps you know what to expect. Our team guides you through each step. The personal injury claim process involves several critical phases designed to maximize your recovery.
The process begins with an initial consultation. We evaluate your case and discuss your injuries and explain your legal options. We answer your questions and determine whether we can help you pursue compensation. During this consultation, we assess the strength of your case and discuss potential outcomes.
Next, we conduct a thorough investigation. We obtain police reports, medical records, and photographs of the accident scene. We interview witnesses and identify all potentially responsible parties. Our forensic investigator analyzes electronic evidence and reconstructs the accident. This investigation phase is crucial for establishing liability and building a strong case.
We then retain medical experts. They evaluate your injuries and project your long-term care needs. They calculate lifetime medical expenses. These expert opinions form the foundation of your damage claim. Expert testimony often proves decisive in demonstrating the full extent of your catastrophic injuries.
We prepare a detailed demand letter. This letter presents your case to the at-fault party’s insurance company. It outlines liability and documents your injuries. It requests fair compensation based on your damages. A well-crafted demand letter often leads to favorable settlement negotiations.
Negotiation follows. We advocate for your interests. We respond to settlement offers and push back against inadequate proposals. Many cases resolve through negotiation without proceeding to trial. Our negotiation skills and track record give us leverage in settlement discussions.
If the insurance company refuses fair compensation, we prepare your case for trial. We file a lawsuit and conduct discovery. We prepare witnesses and evidence for the court. Our trial experience and track record of significant verdicts give us credibility in settlement negotiations and courtroom advocacy. We are prepared to take your case all the way to trial if necessary.
Finally, we work toward resolution—whether through settlement or jury verdict—and ensure you receive the compensation you deserve.
Frequently Asked Questions About Spinal Cord Injury Claims
How long do I have to file a spinal cord injury claim in South Dakota?
South Dakota law provides a three-year statute of limitations from the date of injury. This deadline is important—if you miss it, you lose your right to pursue compensation. We recommend contacting an attorney as soon as possible after your injury to preserve evidence and meet all legal deadlines. Time is critical in personal injury cases.
What is the average settlement for a spinal cord injury?
Settlements vary significantly based on injury severity, your age, your earning capacity, and your long-term care needs. Complete spinal cord injuries typically result in higher compensation than incomplete injuries. Younger victims with longer life expectancies face higher lifetime care costs, increasing compensation. We evaluate each case individually to determine fair compensation based on your specific circumstances. Our case results demonstrate the range of settlements we have secured.
Can I still file a claim if I was partially at fault?
South Dakota follows a modified comparative negligence rule. You can recover damages if you are less than 50% at fault, though your percentage of fault reduces your recovery. For example, if you are 20% at fault and your damages total $500,000, you recover $400,000. We investigate thoroughly to minimize any finding of comparative negligence. This is why having an experienced personal injury attorney is crucial.
What if the at-fault party’s insurance denies my claim?
Insurance bad faith claims become important when insurers act in an unreasonable manner. If an insurer denies your claim without a legitimate basis, delays unreasonably, or offers grossly inadequate settlements, we pursue bad faith litigation. This allows you to recover not only your actual damages but also additional compensation for the insurer’s misconduct. We have successfully handled numerous insurance claim denial cases.
How much does it cost to hire a spinal cord injury lawyer?
We work on a contingency fee basis—no recovery, no fee. You pay nothing unless we secure compensation on your behalf. When we recover compensation, our fee is deducted from that recovery, not from your pocket. This arrangement aligns our interests with yours: we succeed only when you succeed. This is the standard approach for personal injury attorneys handling catastrophic cases.
What makes spinal cord injury cases different from other personal injury claims?
Spinal cord injuries are catastrophic. They require lifetime medical care, assistive devices, home modifications, and ongoing rehabilitation. These cases demand knowledge of long-term damages and medical matters. They require attorneys experienced in presenting complex medical evidence to juries. They demand skill in calculating lifetime care costs. Our firm’s experience with catastrophic injuries positions us to handle these complex cases effectively. We understand the unique challenges of permanent disability claims.
Contact Turbak Law Office, P.C. today for a free consultation. Call 605-886-8361 or visit our office at 26 S. Broadway, Suite 100, Watertown, SD 57201. We represent spinal cord injury victims throughout South Dakota on a contingency fee basis—no recovery, no fee. Let our experienced Watertown personal injury lawyers fight for the compensation you deserve.