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 claim, not the lawyer change.
For most South Dakota vehicle injury claims, you usually have 3 years from the crash date to file a lawsuit. Property-damage claims are often 6 years. If your Brookings crash involved a government vehicle or happened while dealing with a public employer, shorter notice rules can come into play fast.
Switching lawyers does not restart the clock.
If the crash happened in a company car on a delivery, sales call, or errand, there may be both an injury claim and a workers' comp angle. Those are separate tracks, with different paperwork. That matters if one lawyer has let tax season medical bills stack up while Sanford Health or Avera statements keep coming and no suit has been filed.
To prove you still have time - and to make a switch without losing momentum - gather these right away:
- Crash date, time, and location, especially if it was near Brookings on I-29, U.S. 14, or private property like a lot or loading area
- The South Dakota crash report or incident number from law enforcement
- Your current lawyer's fee agreement and any letters or emails about deadlines
- The claim number and insurer contact information
- Any medical records and bills from Sanford, Avera, clinics, chiropractic care, imaging, and work restrictions
- Proof of lost wages, missed shifts, and mileage to treatment
- Photos of vehicle damage, hail-related conditions, skid marks, and the scene
- Any letter showing a lawsuit was filed or was not filed
Also ask for a full copy of your case file. In South Dakota, a new lawyer will usually want to see whether settlement talks are active, whether suit is already filed, and whether any medical liens or reimbursement claims are sitting out there unpaid. If no lawsuit has been filed and the 3-year mark is close, that is the real emergency.
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.
Find out what your case is worth →