This form is the plaintiff's response to the defendant's first set of interrogatories in a personal injury action.
South Dakota Response to First Set of Interrogatories - Personal Injury
State:
Multi-State
Control #:
US-PI-0190
Format:
Word;
Rich Text
Instant download
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How to fill out Response To First Set Of Interrogatories - Personal Injury?
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FAQ
No person with a possessory interest in land, including an owner, lessee, or other occupant, owes any duty of care to a trespasser nor is subject to liability for any injury to a trespasser except as provided in §§ 20-9-11.3 to 20-9-11.6, inclusive. Source: SL 2011, ch 111, § 1.
Pure Comparative Negligence: In other words, the amount of damages that the plaintiff can collect is limited based on the assigned fault determined by the court. Almost one-third of states follow this rule, including California, Florida, and New York.
Caps on Injury Damages in South Dakota In South Dakota, damages in medical malpractice cases are capped at $1,000,000, including both economic and non-economic or "pain and suffering" damages.
South Dakota's Supreme Court stated, ?it is well settled under South Dakota law that total or partial compensation received by an injured party from a collateral source, wholly independent of the wrongdoer does not operate to reduce the damages recoverable from the wrongdoer.? Since Jurgensen, the South Dakota Supreme ...
Interrogatories are often preferable to depositions for identi- fying such things as witnesses, documents, the dates and sub- stance of transactions and conversations,3 since a deponent may easily forget or overlook relevant information when an- swering such questions.
Interrogatories can be quicker, less costly, and less complicated than depositions, but there are downsides. Since the questions are written, the witness may have more time to think and craft answers, rather than providing more candid answers during discovery.
In South Dakota, all misdemeanors carry a lengthy seven-year statute of limitations. Most felonies also have a seven-year statute of limitations. Class A, B, and C felonies do not have any statute of limitations.
South Dakota Modified comparative negligence. Plaintiff's contributory negligence does not bar a recovery when it was slight in comparison with the negligence of the defendant.
For example, if the other driver is determined to be 80% at fault and you are determined to be 20% at fault, you can collect for your damages because you were less than 50% at fault. However, the other driver's insurance company might only offer to pay for 80% of your damages.
Under the South Dakota statute of limitations for personal injury, you have three years from the date of the accident to file your lawsuit. While there are some exceptions (such as when you need to sue a government entity), that's the rule for most injury claims.