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South Dakota Brain Injury Lawyer

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An estimated 80,000 to 90,000 people who experience a traumatic brain injury go on to suffer permanent disabilities. According to the Centers for Disease Control and Prevention, it is estimated that 5.3 million Americans living with long-term or permanent brain injuries need assistance to perform the tasks of daily living.
Brain injuries are among the most serious injuries a person can sustain. If you have experienced a brain injury, and it was due to another party's breach of duty or negligence, you may be able to file a lawsuit against that party in order to eventually recover damages.
Negligence has been defined legally as the failure to provide a reasonably standard of care or duty, when the party owed that duty to another. For example, when we drive motor vehicles, we have a standard of duty to do so safely in order to prevent accidents from happening. A physician is bound to uphold a duty to his or her patients, and if something goes wrong during surgery or other treatment which renders the patient ill or injured because the physician failed to uphold that duty, the physician can be held liable. If someone breaches a duty, they may be found negligent in the event of an accident or incident which results in another person's brain injury.
The potential damages that a plaintiff can be awarded for injuries such as brain injuries include lost wage compensation, medical bill compensation, and even compensation for pain and suffering which can include mental or emotional suffering. You have the right to pursue compensation from a negligent party if your life has been permanently affected by a brain injury, or if your well-being or quality of life has suffered or will suffer permanently.
Most personal injury cases must adhere to a relatively strict statute of limitations, depending on the type of injury and the state in which the injury occurred. With severe brain injury, you may have longer to file the case. Your attorney will advise you.
Personal injury is the legal definition for an injury to the body, as opposed to an injury or damage to a piece of property. Personal injury can also include emotional and mental injury. A person injury lawsuit is one in which a plaintiff alleges that his or her injury has been caused as a result of another person's negligence.
Brain injuries are considered personal injury cases and most attorneys who specialize in brain injury law will take the case on a contingency fee basis. This means that you do not have to provide any payment until after your case is won. The law firm will take care of all the court costs and expenses, and the attorney will not receive fees until the case is concluded successfully and you have been awarded damages.
Brain injuries are not always the easiest type of injury to assess. Since the brain is such an extremely complex organ, and since injuries to it can affect many different aspects of bodily function, from motor skills and coordination to cognitive processes, it may be hard to determine whether an accident has caused a brain injury or not. This is one of the many reasons that brain injuries are so devastating to both the victim and their families.
The effects of brain injury can last for months, years, or even a lifetime. Victims of traumatic brain injuries will often require rehabilitation in order to regain some level of independent living capability; some are never able to return to work, or gain the ability to live independently. This can leave the victim and the victim's family with an extreme emotional and financial burden.
Although there is nothing that can be done to reverse your brain injury or its devastating effects on your well-being, it is possible to hold the negligent, and therefore responsible, parties accountable. If your brain injury can be determined to have been caused by the negligence of another individual or party, you have a right to know. You also have a right to seek financial compensation for that injury not only for your medical costs and lost wages, but also for any pain or potential long-term effects that stemmed from the brain injury. You can also seek compensation for time lost from work to meet medical appointments and therapy, the cost of hiring anyone to help you, any permanent disability, emotional distress, and any future earning ability due to the injury.