1. Johnson Janklow Abdallah, LLP
Focus Area: Personal injury litigation and complex commercial disputes with extensive trial and appellate experience
Practice Areas: Car accidents, wrongful death, workers’ compensation, personal injury, commercial litigation, criminal defense, appellate work
Background: Johnson Janklow Abdallah is recognized as one of seven South Dakota law firms to receive the highest ranking by Benchmark Litigation. The firm’s attorneys have nearly 100 years of combined experience and focus almost exclusively on litigation and post-litigation appeals. Attorney Russ Janklow was selected as Trial Lawyer of the Year by the South Dakota Trial Lawyer’s Association.
Location: 101 South Main Avenue, Suite 100, Sioux Falls, SD 57104
Contact: (605) 338-4304 | https://janklowabdallah.com
Consultation: Consultations available to discuss case evaluation
2. King Law Firm
Focus Area: Personal injury representation for injured victims throughout South Dakota and northwest Iowa
Practice Areas: Car accidents, work injuries, slip and fall accidents, premises liability, Social Security disability, workers’ compensation
Background: King Law Firm has been seeking justice for clients in South Dakota and Iowa for over 35 years. The firm’s personal injury attorney has recovered millions of dollars for injured victims across the region. The firm handles cases from initial investigation through trial, appeal, mediation, and arbitration.
Location: 101 South Reid Street, Suite 307, Sioux Falls, SD 57103
Contact: (605) 250-3209 | https://www.davidkinglawfirm.com
Consultation: Free consultations available for clients throughout South Dakota and northwest Iowa
3. Christensen Law Office, PC
Focus Area: Personal injury, workers’ compensation, and Social Security disability representation in South Dakota
Practice Areas: Car accidents, truck accidents, motorcycle accidents, pedestrian accidents, work-related injuries, third-party liability claims, uninsured motorist accidents, wrongful death
Background: Christensen Law Office has been a staple in the South Dakota legal community for over 25 years. Attorneys Renee and Michael Christensen have dedicated their careers to helping injured individuals. The firm leverages local knowledge of communities, courts, judges, and common accident trouble areas including conditions on I-90 and local motorcycle rallies.
Location: 5015 South Bur Oak Place, Sioux Falls, SD 57108
Contact: (605) 206-5872 | https://www.siouxfallslaw.com
Consultation: Free consultations available, including home or hospital visits if injuries prevent travel
4. Even Law Firm
Focus Area: Personal injury representation with former insurance defense experience providing strategic insight
Practice Areas: Auto accidents, motorcycle accidents, dog bites, premises liability, slip and fall accidents, wrongful death
Background: Attorney Jim Even has been practicing law for over 30 years and provides personal attention to each client. As a former insurance defense attorney, he understands the strategies insurance companies use to minimize or deny claims. This background allows the firm to anticipate defense tactics and build stronger cases for plaintiffs.
Location: 101 South Main Avenue, Suite 220, Sioux Falls, SD 57104
Contact: (605) 275-5757 | https://www.siouxfallspersonalinjurylawfirm.com
Consultation: Free case evaluations with one-on-one attention
5. HPS Law Firm
Focus Area: Personal injury and motor vehicle accident representation with emphasis on trial preparation
Practice Areas: Car accidents, truck accidents, motorcycle accidents, wrongful death, business disputes, criminal defense
Background: HPS Law Firm takes pride in providing experienced and aggressive representation to individuals and businesses throughout South Dakota. Having handled hundreds of personal injury matters and obtained millions of dollars in compensation, the attorneys understand the challenges injured clients face. The firm prepares every case as if it will go to trial.
Location: 300 North Dakota Avenue, Suite 608, Sioux Falls, SD 57104
Contact: (605) 252-9277 | https://www.hpslawfirm.com
Consultation: Case evaluations available by phone or in person
Personal Injury Laws in South Dakota
Statute of Limitations: South Dakota provides a three-year statute of limitations for most personal injury lawsuits under SDCL 15-2-14. The deadline typically begins on the date of injury. Medical malpractice claims have a shorter two-year deadline. Claims against municipalities must be filed within two years, and claims against the state government must be filed within one year under SDCL 21-32-2.
Negligence Rule: South Dakota follows a unique slight-gross comparative negligence system under SDCL 20-9-2. A plaintiff can recover damages only if their contributory negligence was “slight” in comparison to the defendant’s negligence. If the plaintiff’s negligence is found to be more than slight, they are completely barred from recovery. Courts have not provided a precise definition of slight, though cases have found 10-20% fault to be slight while 30% was not considered slight.
Damage Caps: South Dakota generally does not impose caps on compensatory damages in personal injury cases. Both economic and non-economic damages can be recovered without statutory limits. However, medical malpractice cases have a $500,000 cap on non-economic damages. Punitive damages are available in cases involving willful, wanton, or malicious conduct.
Collateral Source Rule: South Dakota applies the collateral source rule in personal injury actions. Compensation received from collateral sources such as health insurance or disability benefits does not reduce the damages recoverable from the defendant who caused the injuries.
Auto Insurance Requirements: South Dakota is an at-fault state, meaning the driver responsible for causing an accident must pay for property damage and injuries. Drivers must carry minimum liability coverage of $25,000 per person for bodily injury, $50,000 per accident for bodily injuries, and $25,000 for property damage. Uninsured motorist coverage is required for all policies.
Frequently Asked Questions
How does South Dakota’s slight-gross negligence rule affect my injury claim?
South Dakota’s comparative negligence system is stricter than most states. To recover damages, your fault must be “slight” compared to the defendant’s gross negligence. The term slight has no precise legal definition, but court decisions suggest fault of 10-20% may be considered slight while 30% was not. If your negligence is found to be more than slight, you are barred from any recovery even if the defendant was primarily at fault. This makes it critical to gather strong evidence showing the defendant’s fault was the primary cause of your injuries.
What is the deadline for filing a personal injury lawsuit in Sioux Falls?
South Dakota generally provides three years from the date of injury to file a personal injury lawsuit. However, important exceptions exist. Medical malpractice claims have a two-year deadline. Claims against cities or local governments must be filed within two years. Claims against the state must be filed within one year. If you are unsure which deadline applies to your case, consulting an attorney promptly helps protect your rights.
Can I still recover damages if I was partially at fault for my accident?
You may still recover if your fault was slight compared to the defendant’s negligence. If found slightly at fault, your damages will be reduced proportionally. For example, if you are 15% at fault and this is considered slight, you would receive 85% of your total damages. However, if your fault exceeds the slight threshold, you recover nothing. South Dakota law does not set a specific percentage cutoff, leaving this determination to juries on a case-by-case basis.
What types of insurance coverage are required for drivers in South Dakota?
South Dakota requires liability coverage of 25/50/25, meaning $25,000 per person for bodily injury, $50,000 per accident for all bodily injuries, and $25,000 for property damage. Unlike Florida, South Dakota requires bodily injury liability coverage. Uninsured motorist coverage is also mandatory for all policies, protecting you if injured by a driver without insurance or in a hit-and-run accident.
Are there special procedures for filing claims against government entities in South Dakota?
Yes. Claims against the state government have a one-year statute of limitations, and claims against municipalities have a two-year deadline. Government defendants may have various immunities and special rules that do not apply to private defendants. These cases involve strict procedural requirements that differ from standard personal injury claims. Given the complexity and shorter deadlines, consulting with an attorney experienced in government claims as soon as possible after an injury is advisable.