South Dakota Legal Terms Glossary
After a serious accident in South Dakota, you may encounter unfamiliar legal, medical, and insurance terminology. Understanding these terms can help you make informed decisions as you pursue compensation for your injuries.
This personal injury law glossary explains common terms used in accident claims, insurance negotiations, and lawsuits, with particular attention to how certain legal rules apply in South Dakota. Whether you were injured in a car accident, suffered a catastrophic injury, or are considering filing a personal injury lawsuit, this guide provides a starting point for understanding the process.
This glossary is for general informational purposes only and does not constitute legal advice. For guidance about a specific injury claim, contact Robert J. Rohl, Trial Lawyer, at 605-519-7750 to discuss your situation in a free consultation.
A–C: Personal Injury and Insurance Terms
Accident Report (Crash Report). An official document prepared by law enforcement following a motor vehicle collision. It may contain information about the drivers, vehicles, road conditions, witnesses, and the investigating officer’s observations. Accident reports can provide important evidence when determining how a crash occurred and who may be responsible.
Adjuster. An insurance company representative who investigates claims, reviews evidence, evaluates damages, and negotiates settlements. An adjuster represents the insurance company’s interests, so injured individuals should understand their rights before providing statements or agreeing to a settlement.
Affidavit. A written statement of facts that a person formally swears or affirms to be true before an authorized official. Affidavits may be used to support legal filings or establish facts in certain proceedings.
Answer. A defendant’s formal response to a lawsuit. The answer addresses the allegations in the complaint and may identify defenses the defendant intends to raise.
Arbitration. A dispute-resolution process in which a neutral arbitrator considers the parties’ positions and issues a decision. Depending on the applicable agreement or rules, arbitration may be binding or nonbinding.
Assumption of Risk. A potential legal defense based on the argument that an injured person knowingly and voluntarily accepted a particular risk. This issue may arise in recreational activities, sports, and certain premises liability cases. Whether the defense applies depends on the facts and governing law.
At-Fault Party. The person or organization that may be legally responsible for causing an injury. Depending on the circumstances, potential defendants may include a negligent driver, trucking company, vehicle owner, employer, property owner, or product manufacturer.
Attorney-Client Privilege. A legal protection that generally keeps confidential communications between an attorney and client private when they meet the requirements for privilege. This protection helps clients discuss their legal concerns openly with their lawyers.
Bodily Injury (BI) Liability Coverage. Auto insurance coverage that may pay for injuries and related damages an insured driver legally causes to others. Policy limits can significantly affect the compensation available through the at-fault driver’s insurer, particularly in catastrophic injury cases.
Burden of Proof. The responsibility to establish the facts necessary to prevail in a legal claim. In most civil personal injury cases, the plaintiff must prove the required elements by a preponderance of the evidence.
Catastrophic Injury. A severe injury that causes substantial, lasting impairment or dramatically changes a person’s life. Examples include traumatic brain injuries, spinal cord injuries, amputation injuries, serious burn injuries, and paralysis. These claims may involve extensive medical treatment, permanent disability, lost earning capacity, and long-term care needs.
Causation. The legal connection between a defendant’s conduct and the injury claimed by the plaintiff. Establishing causation generally requires evidence that the defendant’s conduct caused or contributed legally to the harm under the applicable legal standards.
Claim. A request for compensation submitted to an insurance company or potentially responsible party. A personal injury claim may begin with an insurance demand and proceed to a lawsuit if the dispute cannot be resolved.
Collateral Source Rule. A legal doctrine addressing how payments from sources independent of the defendant, such as certain health insurance benefits, affect a personal injury award. The application of the rule and any reimbursement obligations depend on the circumstances and applicable law. See also Lien and Subrogation.
Compensatory Damages. Money awarded to compensate an injured person for legally recognized losses caused by another party’s wrongful conduct. These damages may include financial losses, such as medical expenses and lost income, as well as non-economic harm, such as pain and suffering.
Complaint. The legal document that initiates a civil lawsuit. It identifies the parties, describes the relevant events, states the legal claims, and specifies the relief the plaintiff seeks.
Contingency Fee. A legal fee arrangement in which an attorney’s fee is generally calculated as an agreed percentage of the recovery rather than charged at an hourly rate. The representation agreement should explain the fee percentage, case expenses, and what happens if there is no recovery.
Contributory Negligence. Carelessness by an injured person that contributed to the accident or resulting harm. In South Dakota, the effect of a plaintiff’s negligence is governed by the state’s slight/gross comparative negligence framework.
Cross-Examination. Questions asked of a witness by the opposing attorney. Cross-examination may be used to test the witness’s credibility, challenge their recollection, or examine the basis for their testimony.
D–I: Damages, Evidence, and Legal Proceedings
Damages. The financial compensation a person may recover for losses caused by another party’s legally actionable conduct. Personal injury damages may include medical expenses, lost income, pain and suffering, and other losses recognized by law. See Economic Damages, Non-Economic Damages, and Punitive Damages.
Defendant. The person, business, or other entity against whom a lawsuit is filed. In a personal injury action, the defendant is the party alleged to have caused or contributed to the plaintiff’s injuries.
Demand Letter. A written settlement demand, often prepared by an injured person’s attorney, that outlines the accident, the basis for liability, the injuries, supporting evidence, and the compensation sought. A demand letter is commonly used to begin or advance settlement negotiations with an insurer.
Deposition. Sworn testimony taken outside the courtroom during the discovery phase of litigation. Attorneys question the witness, and the testimony is generally recorded by a court reporter. Depositions may help establish facts and can sometimes be used in court proceedings.
Diminished Earning Capacity. A reduction in a person’s ability to earn income in the future because of an injury. Unlike lost wages, which reflect income already missed, diminished earning capacity concerns the injury’s effect on future employment opportunities and earning potential.
Discovery. The pretrial process through which parties exchange information and obtain evidence. Discovery may include written questions, document requests, depositions, and other authorized procedures.
Duty of Care. A legal obligation to exercise reasonable care to avoid causing foreseeable harm to others. Drivers, property owners, businesses, and other parties may owe duties of care depending on the circumstances. A breach of an applicable duty may be one element of a negligence claim.
Economic Damages (Special Damages). Financial losses that can generally be calculated using records, bills, or other evidence. Examples include medical expenses, future treatment costs, lost wages, reduced earning capacity, property damage, and certain out-of-pocket expenses. The availability and calculation of these damages depend on the evidence and applicable law.
Evidence. Information used to establish or challenge facts in a legal dispute. Evidence may include medical records, photographs, physical objects, electronic data, witness statements, expert opinions, and accident reports.
Expert Witness. A qualified person permitted to offer specialized opinions in a legal proceeding. In serious personal injury cases, experts may include physicians, accident reconstruction specialists, life care planners, vocational experts, and economists.
FMCSA (Federal Motor Carrier Safety Administration). The federal agency responsible for regulating important aspects of commercial motor vehicle safety. Its rules address matters such as driver qualifications, hours of service, inspections, and maintenance. Evidence of regulatory violations may be relevant in certain commercial trucking accident cases.
General Damages. A term sometimes used to describe non-economic losses associated with an injury, including pain and suffering, permanent impairment, disfigurement, and loss of enjoyment of life. The terminology and treatment of particular damages can vary by legal context.
Gross Negligence. A term associated with conduct that involves a particularly serious departure from reasonable care. Its precise legal significance depends on the context. In South Dakota, the term also appears in the state’s slight/gross comparative negligence framework.
Impairment Rating. A medical assessment expressed as a percentage that describes the degree of permanent impairment under the applicable evaluation method. An impairment rating may be relevant when documenting lasting physical limitations, although it does not automatically determine the value of a personal injury claim.
Independent Medical Examination (IME). A medical examination requested by an opposing party or insurer to evaluate an injured person’s condition. Although called independent, the examining physician may have been selected and paid by the insurer or defense. The resulting report may be used to assess the injury, question a diagnosis, or dispute the need for treatment.
Interrogatories. Written questions exchanged between parties during discovery. The receiving party generally must provide formal answers under the applicable procedural rules.
Insurance Policy Limits. The maximum amount an insurer is obligated to pay for a covered claim under the relevant policy terms. When an injured person’s losses exceed available limits, an attorney may investigate other potential sources of recovery, including additional liability policies, umbrella coverage, or underinsured motorist coverage.
J–N: Lawsuits, Liability, and Negligence
Judgment. A court’s formal decision resolving a legal issue or case. A judgment may determine liability, award damages, or establish other legal rights and obligations.
Jury Trial. A court proceeding in which jurors evaluate the evidence and decide factual questions submitted to them. In a personal injury lawsuit, a jury may determine fault and damages when the case proceeds to a jury trial.
Liability. Legal responsibility for harm or loss. In a negligence claim, the plaintiff generally must establish the applicable duty, breach, causation, and damages to prove liability.
Lien (Medical Lien). A legal claim to reimbursement or payment from funds recovered in a lawsuit or settlement. Hospitals, health insurers, government benefit programs, and other parties may assert rights relating to expenses paid for an injured person’s treatment. Properly identifying and resolving applicable liens can affect the amount the injured person ultimately receives.
Life Care Plan. A detailed assessment, often prepared by a qualified expert, of the future medical treatment, rehabilitation, equipment, personal assistance, and other services a seriously injured person may require. In catastrophic injury cases, a life care plan can help estimate future care expenses and support a claim for future damages.
Litigation. The formal process of resolving a legal dispute through the court system. Personal injury litigation may involve filing a complaint, exchanging evidence, taking depositions, negotiating settlement, proceeding to trial, and potentially pursuing an appeal.
Loss of Consortium. A claim that may allow an eligible spouse to seek compensation for certain losses arising from a partner’s serious injury, such as the loss of companionship, affection, support, or aspects of the marital relationship. Availability and scope depend on applicable law.
Loss of Enjoyment of Life. The impact of an injury on a person’s ability to participate in activities and experiences that previously contributed to their quality of life. This may include hobbies, recreation, family activities, work, and other meaningful pursuits. Its treatment as a damage element depends on applicable law and the circumstances of the case.
Lost Wages. Income an injured person has already lost because an injury prevented them from working. Depending on the evidence, a claim may include missed salary, hourly wages, overtime, bonuses, or other employment-related compensation.
Mediation. A settlement process in which a neutral mediator helps the parties explore possible resolutions. The mediator facilitates discussion but generally does not decide the dispute. If the parties do not reach an agreement, the case may continue through litigation.
Mitigation of Damages. The principle that an injured person may need to take reasonable steps to avoid unnecessarily increasing their losses. Depending on the circumstances, issues may include following appropriate medical recommendations or making reasonable efforts to return to work when medically able. Disputes over treatment or recovery may arise during insurance negotiations.
Motion. A formal request asking a court to issue an order or make a ruling. Examples include a motion to dismiss a claim or a motion for summary judgment.
Negligence. A failure to exercise the care required under the circumstances that causes legally recognized harm. Negligence is the basis for many personal injury claims and generally involves examining duty, breach, causation, and damages.
Negligence Per Se. A legal doctrine that may apply when a party violates a statute or regulation intended to protect a class of people from the type of harm that occurred. Whether a violation establishes or supports negligence depends on the law, the circumstances, and any applicable defenses.
Non-Economic Damages. Compensation for losses that do not have a straightforward dollar value. These may include physical pain, emotional distress, permanent impairment, disfigurement, and loss of enjoyment of life. The availability of particular damages and any applicable limitations depend on the type of claim and South Dakota law.
O–R: Injury Claims, Compensation, and Settlement
Pain and Suffering. Compensation for the physical pain and legally recognized emotional distress associated with an injury. Depending on the case, damages may account for past suffering and reasonably supported future consequences. There is no single formula that determines the value of every claim; the evidence and applicable law guide the assessment.
Paralysis. The loss of voluntary movement in part or all of the body, sometimes accompanied by loss of sensation or other bodily functions. Paralysis may result from spinal cord injuries, traumatic brain injuries, or certain nerve injuries. Common forms include paraplegia, quadriplegia (tetraplegia), and hemiplegia.
Personal Injury. Physical, mental, or emotional harm for which another party may be legally responsible. Personal injury claims can arise from car accidents, falls, defective products, medical negligence, and other events. South Dakota personal injury law provides legal avenues through which injured individuals may pursue compensation when the requirements for a claim are met.
Plaintiff. The person or entity that brings a lawsuit. In a personal injury action, the plaintiff is typically the injured person. In certain wrongful death cases, an authorized representative may bring a claim on behalf of eligible beneficiaries or the estate, as provided by law.
Premises Liability. A legal area involving injuries allegedly caused by unsafe property conditions or other hazards associated with property ownership or control. Examples may include slip-and-fall accidents, hazardous equipment, and certain inadequate security claims. Liability depends on the facts and the duties imposed by law.
Preponderance of the Evidence. The standard of proof generally used in civil cases. In simple terms, the party bearing the burden must show that the claim is more likely true than not. This differs from the criminal standard of proof beyond a reasonable doubt.
Product Liability. A claim involving an injury allegedly caused by a defective or unreasonably dangerous product. Depending on the circumstances, potential claims may involve a manufacturer, distributor, or seller. Examples include defective vehicle components, industrial machinery, and consumer products.
Recorded Statement. An audio or written record of answers an injured person provides to an insurance representative about an accident or injury. Statements may later be used to evaluate liability or challenge a claim. Before providing a recorded statement to another party’s insurer, an injured person may wish to obtain legal advice about their rights and obligations.
Release. A document through which a person agrees to give up specified legal claims, commonly as part of a settlement. A signed release may prevent the injured person from seeking additional compensation for the claims it covers. The wording and scope of the release should be reviewed carefully before signing.
Reservation of Rights. A notice from an insurance company explaining that it may investigate or provide a defense while reserving certain rights under the policy, including the potential right to deny coverage. The letter’s significance depends on the policy language and circumstances.
S–W: Settlements, Statutory Deadlines, and Trial Terms
Settlement. An agreement resolving a legal claim, typically in exchange for an agreed payment or other terms. Settlements can avoid the uncertainty and expense of trial. The amount and terms depend on factors such as liability, the evidence of damages, available insurance, and the parties’ willingness to resolve the dispute.
Special Damages. A term often used for measurable financial losses resulting from an injury. Examples include medical expenses, lost income, and certain out-of-pocket costs. See Economic Damages.
Spoliation of Evidence. The destruction, alteration, or loss of information relevant to a legal dispute. Potentially important evidence in an accident case may include vehicle data, dash-camera recordings, surveillance video, maintenance records, and electronic communications. Evidence preservation can be important when a claim is anticipated.
Subrogation. A legal right that may allow an insurer or another party that paid certain expenses to seek reimbursement from a responsible party or an injury settlement. Subrogation issues may arise with health insurance, auto insurance, and other benefits.
Survival Action. A claim that may be brought by a deceased person’s estate for certain losses the person experienced before death. Depending on applicable law and the facts, these losses may include medical expenses, lost income, and pain and suffering. A survival action is distinct from a wrongful death claim.
Tort. A civil wrong that causes harm and may give rise to a legal remedy. Negligence is a common basis for tort claims involving personal injury.
Tortfeasor. A person or entity alleged or found to have committed a tort. In a personal injury case, this term may refer to the party legally responsible for causing the injury.
Traumatic Brain Injury (TBI). Damage to the brain caused by an external force, such as an impact during a motor vehicle accident or fall. Traumatic brain injuries range in severity and may cause cognitive, physical, behavioral, or emotional impairments. Learn more about traumatic brain injury claims.
Trial. A formal court proceeding in which the parties present evidence and legal arguments before a judge or jury. In a personal injury case, the trial may determine whether a defendant is liable and, if so, what damages should be awarded.
Underinsured Motorist (UIM) Coverage. Auto insurance coverage that may provide compensation when an at-fault driver’s liability insurance is insufficient to cover an injured person’s damages. The policy terms, applicable law, and available limits determine whether and how this coverage applies.
Uninsured Motorist (UM) Coverage. Auto insurance coverage that may apply when an at-fault driver has no qualifying liability insurance. Depending on the policy and applicable law, it may also cover certain hit-and-run accidents.
Verdict. The decision reached by a jury at the conclusion of a trial. In a personal injury case, the verdict may address fault and the amount of damages, depending on the issues submitted to the jury.
Vicarious Liability. A legal principle under which one party may be held responsible for another person’s conduct because of their relationship. For example, an employer may be liable for an employee’s actions when the applicable legal requirements are met, such as when a truck driver acts within the scope of employment.
Wrongful Death. A legal claim arising when a person dies because of another party’s wrongful act or negligence. South Dakota law governs who may bring the claim, who may benefit from a recovery, and the damages that may be available. Learn more about wrongful death claims.
Have Questions About a South Dakota Personal Injury Claim?
Understanding legal terminology is a useful first step, but the rules that apply to your case depend on the circumstances of the accident, the nature of the injury, the available evidence, and current South Dakota law.
Robert J. Rohl, Trial Lawyer, represents individuals and families pursuing compensation for serious injuries throughout South Dakota. If you have questions about negligence, insurance coverage, medical expenses, or your legal options after an accident, contact the firm to discuss your situation.
Call 605-519-7750 or contact Robert J. Rohl, Trial Lawyer, online to arrange a free consultation.
This glossary is provided for educational purposes only and does not create an attorney-client relationship or replace advice from a qualified attorney.