South Dakota Accidents

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Definition

assistive device

People often mix up an assistive device with durable medical equipment, but they are not the same. Durable medical equipment usually means medically necessary items built for repeated use, such as a hospital bed or oxygen equipment, and it is often tied to insurance billing rules. An assistive device is broader: any tool, aid, or piece of equipment that helps a person perform daily activities, move safely, communicate, work, or live more independently after an illness, injury, or disability. That can include a cane, walker, wheelchair, grab bars, hearing aids, or adaptive keyboards.

The myth is that needing one automatically means someone is "permanently disabled." Not true. Some people use assistive devices for a few weeks after a crash or surgery; others need them long term. What matters is function, not pride, and not bad advice from an insurer acting like a brace or walker is optional.

For an injury claim, these devices can affect the value of damages by showing the real impact of the injury and the cost of recovery. They may support claims for medical expenses, future medical care, lost earning capacity, and pain-related limits on daily life. In South Dakota, that can matter after a vehicle collision, especially when the at-fault driver carries only the state minimum auto liability coverage of 25/50/25 under SDCL 32-35-70. If roads are flooded and a crash leaves someone needing a mobility aid, that cost is part of the loss, not an "extra."

by Pete Baumgartner on 2026-03-23

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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