Settlement Negotiation
South Dakota — South Dakota Accidents
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FAQ
Insurance wants me to settle today after Watertown crash do I take it?
What the insurance company does not want you to know is this: the fastest offer is usually aimed at buying your...
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FAQ
Who takes money from my South Dakota crash settlement before I get paid?
The worst mistake people make is spending or mentally counting the settlement check before figuring out who has a...
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FAQ
Should I switch lawyers or wait if crash evidence is slipping away?
What the insurance company does not want you to know: delay helps them. If your lawyer is moving slowly while...
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FAQ
Why is insurance stalking my Facebook after my Watertown motorcycle crash?
The one thing the insurer is hoping you never find out is that they look for social media posts to cut your claim...
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FAQ
When should I hire a lawyer after a South Dakota work crash?
The police report says who the officer thought caused the crash. What matters for your claim is broader: were you...
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FAQ
Can I get my own doctor after the insurance doctor in Aberdeen?
Yes - and in Minnesota this can play out very differently because no-fault rules change who pays first. In South...
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FAQ
Can my Watertown boss pin my work motorcycle crash on me?
The expensive mistake is assuming your boss gets to decide fault. They do not. If you were riding for work in...
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FAQ
Can a Brookings trucking company erase log data after my crash?
Unlike Minnesota, where a metro-area crash may get faster commercial-vehicle follow-up, a Brookings truck wreck can...
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FAQ
Did I wait too long to switch lawyers after my Brookings company car crash?
$0 up front is common when you switch lawyers in a South Dakota crash case, but the real deadline is your injury...
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FAQ
Does my brother need a crash report after a Pierre cable van wreck?
10 days. In South Dakota, if a crash caused injury, death, or $1,000 or more in property damage, it must be...
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FAQ
Should I file workers' comp or sue the driver after a Pierre work crash?
South Dakota's liability rules have not gotten friendlier lately: the state still uses the slight/gross comparative...
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FAQ
I only told my supervisor after a Sioux Falls crash. Did I ruin workers comp?
Probably not - a missed written notice does not automatically kill a South Dakota workers' comp claim. That is the...
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FAQ
Should I claim against my rideshare driver or the other driver in Aberdeen?
If you were hurt in an Uber or Lyft on U.S. 12 near the Aberdeen Mall or at a slick intersection like 6th Avenue SE...
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FAQ
My coworker said my old back injury kills my Watertown crash claim. True?
South Dakota's injury-claim clock is three years, and that shorter deadline has made insurers even quicker to lean...
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FAQ
Is it even worth filing anything after an Aberdeen work errand crash while pregnant?
The one thing your employer is hoping you never find out: in South Dakota, workers' comp is not always your only...
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Key Terms
Glossary
non-compete vs non-solicitation
These clauses can hit your paycheck fast: one may try to keep you from taking a new job at all, while the other...
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Glossary
Stowers demand
What the insurance company does not want you to know is that a settlement demand can sometimes set up a later bad...
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Glossary
cease and desist letter
A written demand telling a person or business to stop a specific action and not start it again, usually because the...
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Glossary
DMCA takedown notice
The part people get wrong most often is that a DMCA takedown notice is not a court order and does not prove who is...
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Glossary
average weekly wage
You just got a letter that says your average weekly wage is being used to calculate what you will be paid after a...
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Glossary
arising out of employment
You just got a letter that says your injury did not "arise out of employment," so your workers' compensation claim...
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Glossary
royalty agreement
The part that trips people up most is ownership: a royalty agreement usually does not transfer ownership of the...
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Glossary
return-to-work order
Miss this step after a job injury, and the damage can be immediate: wage-loss checks stop, the employer says work...
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Glossary
patent prosecution
Defense lawyers may use this phrase to make a patent dispute sound like a criminal case or suggest someone was being...
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Glossary
likelihood of confusion test
A legal standard courts use to decide whether one name, logo, package design, slogan, or other brand feature is so...
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Glossary
licensing agreement
The point that trips people up most is simple: owning something is not the same as having permission to use it. A...
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Glossary
trade secret misappropriation
Miss this issue, and a business can lose its edge overnight while an employee, contractor, or competitor wrongly...
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Glossary
prior art search
Defense lawyers and other opponents use this phrase when they want to knock down a patent application or weaken a...
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Glossary
bellwether trial
If this gets confused with a class action, an injured person can wrongly assume one trial will automatically decide...
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Glossary
light duty
You'll usually see this in a work note from a doctor, an email from HR, or a call from the insurance adjuster saying...
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Glossary
copyright registration
Defense lawyers and insurers sometimes talk about this like a magic switch: no registration, no rights. That is...
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Glossary
copyright fair use
Can you use part of someone else's copyrighted work without getting permission? Sometimes, yes. Copyright fair use...
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Glossary
scheduled injury
Miss this label, and a work injury claim can be valued the wrong way from the start. A scheduled injury is an injury...
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Glossary
temporary total disability
Not the same as a permanent injury, and not a payout just because you got hurt at work. It means you are temporarily...
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Glossary
going and coming rule
An employee usually is not covered by workers' compensation for injuries that happen while traveling to or from the...
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Glossary
activities of daily living
You just got a letter that says your doctor, therapist, or insurance company needs information about your...
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Glossary
trade dress protection
The part that trips people up most is that trade dress is not a logo or a brand name. It is the overall look and...
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Glossary
trademark infringement
Damage to your wallet can happen fast when another business uses a name, logo, slogan, or other brand marker close...
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Glossary
patent infringement
You just got a letter that says a product, process, or design you make, use, sell, or import violates someone else's...
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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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