South Dakota Personal Injury Settlement Calculator

What Is the South Dakota Personal Injury Settlement Calculator?

The South Dakota Personal Injury Settlement Calculator is an interactive online tool that gives you a rough estimate of your potential settlement. It calculates:

• Economic damages (like medical bills, lost wages, and property damage)
• Non-economic damages (like pain and suffering)
• Adjustments for fault, attorney fees, and insurance policy limits

The tool uses real-world formulas and reflects South Dakota’s modified comparative fault rule, which can drastically affect your payout.

How the Calculator Works — A Simple Breakdown

Here’s what the calculator looks at when estimating your case value:

1. Your Fault Percentage

South Dakota follows a “slight/gross” comparative fault system—you can only recover damages if you are 49% or less at fault.

• Example: If you were 30% at fault and your damages are $100,000, your recovery would be reduced by $30,000.

If you’re 50% or more at fault, the calculator will show a $0 settlement.

2. Medical Expenses

This includes both past and projected future medical bills related to the injury—doctor visits, hospital stays, surgeries, rehab, etc.

3. Lost Wages

If you missed work or can’t return to your job because of the injury, include those lost earnings here.

4. Property Damage

Did your vehicle get wrecked? Did you lose valuable belongings? Include those repair or replacement costs.

5. Injury Severity Multiplier

This part estimates non-economic damages, such as pain, trauma, or reduced quality of life.

The calculator uses a multiplier method, based on how severe your injuries are:

6. Insurance Policy Limits (Optional)

Even if your damages are high, insurance coverage can cap your recovery. If the at-fault driver only has $50,000 in coverage, that might be all you can get—unless you pursue other sources like umbrella policies.

7. Attorney Fees & Legal Costs

You can input the expected attorney fee (usually 33.3% or 40%) and case costs like expert reports or lien repayments.

The calculator deducts these from your gross settlement to show your net recovery.

Example Calculation

Let’s say:

• You had $20,000 in medical bills
• You lost $10,000 in wages
• You had $5,000 in property damage
• Your injuries were moderate (3.0× multiplier)
• You were 10% at fault
• Attorney takes 33.3%
• No insurance cap

Here’s how it would break down:

• Economic damages = $35,000
• Non-economic damages = ($20,000 + $10,000) × 3.0 = $90,000
• Total before fault = $125,000
• Fault reduction (10%) = −$12,500
• Adjusted settlement = $112,500
• Attorney fee (33.3%) = −$37,462
• Net recovery = ~$75,000

South Dakota’s Fault Law: Know the Rules

This tool is South Dakota-specific, meaning it obeys one critical legal rule:

You can’t get a settlement if you are 50% or more at fault.

This is based on South Dakota’s “slight/gross” negligence standard. While not identical to other states’ comparative fault rules, the calculator handles this automatically.

If you enter 50% or higher fault, it clearly displays that you’re not eligible for damages.

Why This Calculator Matters

• Informed Decisions: Know whether it’s worth hiring an attorney.
• Realistic Expectations: Avoid inflated or unrealistic claims.
• Legal Prep: Helps you gather the numbers a lawyer will need.
• Transparency: Understand how insurance and fault affect your payout.

Important Disclaimer

This calculator provides an estimate only. It’s not legal advice.

You should always consult a licensed South Dakota personal injury attorney for legal guidance. The tool is built for education and planning—not for court use.

Try the Calculator Now

Use the form above to enter your case details and see a custom estimate of:

• Final settlement amount
• Economic vs. non-economic damages
• Attorney fees and case costs
• Your net recovery

It’s fast, private, and free.

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