When to Call a Trial Attorney in Rapid City

As a trial attorney in Rapid City, we are accustomed to representing our clients’ best interests in the courtroom. Most people are unaware that few lawyers actually practice this type of law. Most attorneys work behind the scenes on issues like contracts, preventing lawsuits, or negotiating deals and settlements outside of court. It is rare for attorneys like this to ever set foot in a courtroom. While that aspect of the law is equally important, if there is a chance that your case will end up in court, you need to work with an attorney who litigates on a regular basis. The process is entirely different than it is while negotiating and so is the preparation work required. For your sake, go with an attorney who knows what they are doing.

Signs You Need a Trial Attorney in Rapid City

• You have been injured and are in a dispute with the insurance company.
• You or someone in your family has suffered extensive damages due to a car accident.
• A product harmed you or your family in some way.

When Negotiations Are Not Enough
As a trial attorney in Rapid City, we know that negotiations do not always give you the results you need. In the case of a car accident, for example, it is always wise to begin negotiating with the insurance company attorney to see if a settlement can be reached. In small or minor cases, it often can be. However, there are instances where they may try to push fault or negligence onto you, saying that it was your fault when it clearly was not. They may also give you an offer that is too low to pay for your current or future medical bills, let alone your lost wages and other damages. In these cases, negotiating with them will not be enough to get you what you need, and you will be forced to go to court.

You may also have to go to court if you or your family was harmed by a product defect. These types of civil cases often wind up in court because the manufacturer does not want to accept liability for what happened due to a concern over PR or how the market will react. In this case, it is important to hold them accountable so you can receive the compensation you deserve and no one else is harmed by their defect. Unfortunately, a lawsuit is often the only way to get a company to change the way they do business in an effort to enhance public safety.

If you have been injured or suffered harm and you could need a trial attorney in Rapid City, call us for a free consultation. We can meet with you, discuss your case, answer your questions, and let you know whether you should or should not file a lawsuit and go to court. We will give you fair and comprehensive legal advice so you can make the best decision for your family. If you do decide to go to court, we have the expertise necessary to give you the best opportunity of a successful outcome.

Call a Personal Injury Lawyer in Rapid City If Hit by a Commercial Vehicle

If you have been in a car accident, a personal injury lawyer in Rapid City can help ensure that your rights are protected so you can receive the financial compensation you deserve. Being hit by a non-personal vehicle can create a complicated situation. It does not matter if you were hit by the local school bus, a church van on Sunday morning, a delivery truck dropping off packages, or a county truck checking the utility lines – when hit by a commercial vehicle, the process becomes complex. This is because more parties are involved than you and the other driver. Now the actual owner of the vehicle needs to be considered as well when preparing for your lawsuit.
A Personal Injury Lawyer in Rapid City Explains the Complexity of Accidents Involving Commercial Vehicles

When investigating your accident, more questions will need to be asked and research conducted. For example, we need to know:

• Was the driver speeding or breaking the law in any way?
• Was the driver properly trained and licensed to drive that type of vehicle?
• Did the vehicle malfunction due to improper maintenance?
• Should the driver have had the vehicle out at that time?

The answers to these questions will help determine liability. For example, if a county employee was using their vehicle after hours and without permission, the county would not be to blame for the accident. However, if you were hit while the driver was performing their job duties, we then need to look to the company and determine if the accident was partially caused by their policies or how well they maintained the vehicle. If they, for example, sent a delivery driver out in a vehicle with bad brakes, the company could be partially to blame. If a company allowed someone to take out a truck without a commercial driver’s license, they could be to blame. To determine negligence, much investigation will need to take place, and this is exactly what an attorney can do for you.

For Help With a Complex Case, Call a Personal Injury Lawyer in Rapid City

To make sure your rights are protected, work with an experienced personal injury attorney. Our law firm has the tools, resources, and experience to handle these types of cases and to investigate them thoroughly. By doing so, we can create a game plan that positions you for success. Working with an attorney also benefits you, because it means you do not need to go it alone. You can have someone on your side as an advocate, which means you do not have to deal with the other driver, the business, their insurance company, or their attorney. We can communicate with them on your behalf. Simultaneously, we understand state laws and how to make sure you benefit from working within them, rather than being blindsided by them. For example, most people are unaware that there are laws establishing how long you have to file a lawsuit before you are unable to do so. We can help make sure your rights are protected in all areas. To get started or to learn more, call and schedule a consultation.

Tips for Safe Holiday Travel From an Accident Attorney in Rapid City, SD

It is the wonderful holiday season, and the last thing anyone should have to worry about is calling an accident attorney in Rapid City, SD. Unfortunately, the sad reality is that you may need to. If you are injured during an accident or your car is damaged, and the party at fault is not willing to compensate you for your injuries and damages, we are here to help, even during this hectic time of year.

Wrecks of any kind are typically unexpected. You may set out on your holiday vacation with great weather conditions and sunny skies, only to end up in a snowy and icy area. If an accident happens to occur, simply contact our office for the help you need to work through the process of dealing with the responsible party’s insurance company. We can work to ensure that your medical bills are paid and your lost wages reimbursed so that you do not go into debt when the accident was not your fault in the first place. Until then, we are here to provide you with some tips on how to avoid having to contact an accident attorney in Rapid City, SD this winter by preparing for the unexpected beforehand. 

An Accident Attorney in Rapid City, SD Wants You to Know the Statistical Dangers and What to Watch Out For

The AAA (American Automobile Association) recently estimated that during the Christmas and New Year’s season, nearly 28,000 Americans will be subjected to serious injuries as a result of auto accidents.

The holiday season is a time of constant celebration; unfortunately, this often also means there will be many more irresponsible drunk drivers on the roads. If you notice a car seems to be driving at an unusual speed or swerving, avoid getting near that vehicle. If the car is behind you, consider taking evasive steps, such as pulling over to avoid being rear-ended.

According to the AAA Foundation for Traffic Safety, nearly one-third of fatal drunk-driving accidents take place on the weekends, and the number of fatal wrecks is four times higher at night than during the day. Also, statistically, it is between 12 a.m. and 3 a.m. that the greatest numbers of drunk drivers are out on the road. Consider lessening your exposure to these dangers by avoiding driving late at night, and particularly during those hours when drunk drivers are most likely to be on the road. This is especially important to take into account closer to Christmas and on New Year's Eve and New Year's Day. 

In addition to watching out for reckless and drunk drivers, also keep a close eye on the weather while you travel.  Check the weather forecast periodically so as to be aware of any drastic changes as they occur.  Keep in mind that as the temperature nears 32 degrees Fahrenheit, roads and bridges will begin to ice over. Black ice is common during the winter months and can at time be nearly impossible to see. Snowy roads also pose a danger. Even if you know how to drive safely in the snow, others may not.

We hope these tips have helped you gain awareness of the increased danger of traveling during the holidays, so you can be more careful on the roads. If an accident does occur, do not hesitate to call us for help once you have contacted the police and insurance companies immediately following the accident, and once you have had any injuries treated. An accident attorney in Rapid City, SD knows how to handle a holiday travel accident properly and protect your interests.

What You Should Know: Accident Stats from an Injury Lawyer in Rapid City, SD

An injury lawyer in Rapid City, SD, can help if you have been injured in an accident. Whether you were in a serious car accident or a minor fender-bender, it is wise to seek legal help in ensuring that your rights are protected.  You could be entitled to financial compensation for your injuries but you only have a limited amount of time to file a lawsuit, so schedule a consultation as soon as possible.

To protect yourself from getting in another accident, it helps to understand some of the basic accident data.  Knowing who is the most likely to be in a fatal car crash can help you to avoid one.  According to the U.S. Department of Transportation, National Highway Safety Administration in 2014:

• 2.3 million people were injured in a car accident
• 32,675 people were killed
• 49 percent of passengers killed in a car crash were not wearing a seatbelt
• 31 percent of fatal car wrecks involved alcohol
• In 28 percent of fatal car crashes, the driver was speeding
• 6.1 million car crashes were reported to the police

Good news from an injury lawyer in Rapid City, SD!  The number of people dying in a car crash has been steadily declining.  From 2005 to 2013 there was a 25 percent decrease in the number of crash fatalities.  That means that car safety measures, the higher use of seatbelts and driver education have been helping to make the roads safer for everyone.

As an injury lawyer in Rapid City, SD, I recommend doing specific things to increase the likelihood of you remaining safe if you are in an accident, or avoiding one altogether.  First, it is necessary to follow the rules of the road.  Things like driving the speed limit, using your turn signals, using your lights from dusk on, and staying off the road after midnight, will all decrease the likelihood of you being in a car wreck and becoming seriously injured if you are.  You will also want to remember to wear your seatbelt and ensure that your passengers do as well.

During the holidays, it is more important to be diligent while driving.  Statistically, more people are in alcohol-related accidents during the holiday season.  With meetings and parties turning festive, people tend to drink more and earlier in the day.  The police simultaneously increase their patrols but, still, you need to practice defensive driving in order to stay safe.  Watch for any cars that are speeding up and slowing down, swerving in and out of lanes, stopping suddenly or driving erratically.  When you see them, slow down and stay far enough behind the vehicle to stop suddenly or to move out of the way if needed.  You may even want to get off the road and call 911 if there is no way to safely drive on the same road as them.  It is better to be late to wherever you are going than to be in a car wreck.

If, after being diligent, you are still in a wreck, speak with an injury lawyer in Rapid City, SD.

Call a Car Accident Attorney If You Are in a Wreck Over the Holidays

As car accident attorneys, we know that this can be a dangerous time of the year. The holiday season is full of parties, family celebrations, work events, and traveling. Many of these come with plenty of alcohol and late nights. As a result, there are often more people driving while under the influence of alcohol, which increases the likelihood of an accident. Even if you are driving perfectly sober, the people driving next to you may not be. This makes it important to pay attention to the road and the surrounding cars, so you can practice defensive driving to keep yourself safe.
Here are a few ways you can stay safe while on the road this holiday season:

• Make sure your care is working properly. The first thing you can do is take your car to the shop for a tune-up. Get your windshield wipers checked, rotate your tires, have your vehicle serviced and fluids checked, and have your brakes checked. If you are driving on bald tires or with worn brakes, you may not be able to respond well to changes in road conditions, or to a car pulling out in front of you, etc. If your car is in tip-top shape, you will be better prepared to respond to any circumstance and avoid an accident.
• Do not drive tired. Driving tired is regarded by many as just as unsafe as driving drunk. Be sure to get plenty of sleep at night, and if you are feeling tired, have someone else drive or make other arrangements. If you get behind the wheel drowsy, you may not be able to appropriately respond to another driver behaving erratically, or you may doze off yourself. As car accident attorneys, we recommend not driving when you are tired.
• Stay off the road from midnight to 3 a.m. These are the hours when the most drunk driving accidents occur. Try to minimize your time on the road during this time of the day so that you can lessen your chance of being injured by a drunk driver.
• Do not drink and drive. This goes without saying, but not drinking and driving is an important factor in staying safe on the road. Get someone to be a designated driver instead.
• Check the weather report. If you are going out of town, do not assume that the weather on the road or at your destination will be as good as what it is at home. Check the weather report before you go and plan accordingly. If it looks like snow, freezing rain, or sleet, plan accordingly, such as traveling during daylight so you have better visibility.

If you get into an accident despite these precautions, call a car accident attorney. We can help you and make sure that your rights are protected. This is particularly important for making sure you are not wrongfully blamed for the accident and to work to ensure that you are compensated for your injuries and damages, such as medical bills, lost wages, and pain and suffering. Our goal is to handle the legal process so you can focus on your recovery.

Get Help From a Motorcycle Accident Lawyer

A motorcycle accident lawyer can help you if you have been injured, or if you have lost a loved one, in a wreck caused by another person.  Motorcycles are less visible which contributes to motorcycles often being involved accidents. Most people become so accustomed to driving near and seeing other full-sized vehicles, they do not notice or remind themselves to look for less noticeable vehicles like motorcycles. Since protection to motorcycle riders is also limited, those motorcycle riders that are hit are more likely to be killed or injured. One group estimated that in 2013 the likelihood of dying as a result of a wreck was 25 times greater for motorcycle riders than for drivers of regular vehicles.
With such statistics, sadly, it is likely that someone you know will be fatally injured while operating a motorcycle. If you or a loved one has been injured while operating on your motorcycle due to the negligence of another driver, a motorcycle accident lawyer can help. There are many factors to consider and address in a motorcycle accident claim, and we can help you gather the information you need and organize it to best prepare your case.
You should consider seeking out the help of a motorcycle accident lawyer if:

• If the accident happened because the other driver was negligent, reckless, careless, violating a traffic law (e.g. speeding, failing to stop/yield), drunk or under the influence of alcohol, distracted (e.g. using their phone, texting, etc.), inexperienced,
• If the accident happened due to poor workmanship at a repair ship, or if your motorcycle had faulty factory components.
• The other driver did not have legitimate insurance, meaning that you may have to submit an “uninsured motorist” claim to your own insurance company.   

In many accidents, the person who hit you was breaking a traffic law or driving negligently. When the other driver fails to comply with a traffic law, he/she is negligent. When injured in an accident, you have the right to seek compensation for your injuries and damages. When the case goes to trial, one of the main issues that will be discussed is whether the other driver breached their duty of care and is therefore liable for the injuries and damages that he/she caused.
If you are interested in filing a claim, you will need the appropriate evidence to support it. We can help you gather the evidence you need and determine what evidence helps prove that the other person was at fault for the accident and shows the injuries and damages that you sustained, such as medical bills, lost wages, lost income in the future, etc. Police reports, the names of witnesses, footage from any nearby surveillance cameras, photographs, and medical records and bills are important to gather together if you have access to them.
If you have been injured, or someone you know has been injured or killed due to another driver’s mistake, you should get help from a motorcycle accident lawyer as soon as you can to ensure that the proper evidence is secured and your claim is properly prepare.

Preparing for Your Deposition: Tips From a Trial Attorney

If you need a trial attorney, call our office to schedule a consultation. We know that most people experience a great deal of anxiety when called to give a deposition. In most cases, their nervousness is because never having done so before, they are often completely in the dark regarding the entire legal process. They do not know what the objectives of a deposition are, what to expect, what pitfalls to look out for, or even what to wear. Because being prepared is more than half the battle, the following tips from a trial attorney on preparing for your deposition should help the entire process go more smoothly, with minimal stress on you. But first: What Is a Deposition? A deposition is a formal, legal proceeding that takes place not in a court, as you might expect, but usually in the office of one of the attorneys. Although no judge is present, a court reporter will administer the oath to the deponent and will also record your sworn testimony to be used in the trial at a later date. During the deposition, you will be asked questions by the opposing counsel, as would happen when cross-examined in court. What Is the Purpose of a Deposition? A deposition is taken for three primary purposes. The opposing attorney wants to learn everything they can about the case and intends to find out what you know about the issues and what you are going to say at trial. They also hope to catch you in an untruth or spot any discrepancies in your testimony to use at trial to show that you are not a witness who can be relied on. This is especially true if your testimony at trial varies in any extent from your testimony in the deposition. Tips From a Trial Attorney for Preparing for Your Deposition. Perhaps the most important fact to remember is that regardless of how nice and friendly the questioning attorney seems to be, they are not on your side. 1) Think Before You Answer: Take your time. It always makes sense to pause and think about the question you have just been asked. This also gives your attorney time to raise an objection to the question if they see fit. Also, never try and answer a question before the attorney has finished asking it. Not only is the court reporter unable to take down what two people are saying at the same time, which makes for a confused transcript, but the question may be slightly different from what you first thought. 2) Make Sure You Understand the Question: It is very important that you pay close attention to every question asked. If the question seems vague or unclear, ask the attorney for clarification or to rephrase the question. You could say something like, "What do you mean by that?" If there are two parts to a question, ask the attorney which they would like answered first. Remember that the longer the question, the greater the possibility you will answer it incorrectly. 3) Keep Your Answers Short and Do Not Volunteer Information: As far as possible, limit your answers to a simple "yes" or "no." While you should not attempt to evade any questions or decline to give facts you are aware of, it is unwise to attempt to insert facts you think might be favorable to the case or argue your position. Remember that lengthy answers often reveal more information to the opposing attorney than your attorney may want them to know. Also, do not attempt to fill in any breaks or pauses in the questions. Volunteering information or telling the attorney what you think they want to know helps the other side. If a direct question hasn't been asked, do not say anything. 4) Stay Calm: Getting angry or excited may cause you to say things that do not "come out right" and could be later used against you. Also, remember that mental fatigue sets in very quickly. If you find you are getting tired, do not be afraid to ask for a break. 5) Do Not Be Afraid to Say You Do not Know or Do Not Remember: There is not a person alive who can remember every single detail of an incident; therefore, do not be afraid to say you do not remember something if that is the truth. Your credibility is at stake here, so do not attempt to embellish details you do not actually remember. 6) Do Not Guess: All too often, the questioning attorney will ask you to give your best estimate of something, like the speed a vehicle was traveling at or how far away something was. Be aware that most people are very poor when it comes to estimating these kinds of numbers, and their best "guess" can often be proved wrong scientifically. Thus, the opposing attorney can show that you have no idea what you are talking about or that you are deliberately misstating facts. 7) Be Wary of Summaries: It is common practice for the opposing attorney to summarize your testimony after answering a number of questions. However, all too often, the summary will be a mixed bag of things you said and some misquotes. If you do not agree with the summary, say so when questioned, then calmly point out which parts are inaccurate. 8) Tell the truth. This is very important. Any lies or half-truths will come back to haunt you and could, if severe enough, tip the balance of the trial. We hope that when preparing for your deposition, these tips from a trial attorney will make the experience more comfortable for you.

How a Business Attorney Can Protect Your Interests

As business attorneys, we can help to protect you and your company both now and in the future. If you are an entrepreneur and starting a business for the first time or if you own a small business and are looking to grow and expand, it is important to work with an experienced attorney that you can turn to for legal guidance and support.  Most people are unaware of how many things can go wrong in a company by not legally protecting it.  Here are a few examples –

Partnership Agreements

If you are anything but a sole proprietorship, you will either have business partners or other people owning stock, or shares, or some type of interest in your company.  Even if you are the founder of the company, once you take on partners, you may no longer have complete control.  The agreements that are written and signed prior to taking on partners will determine how much authority you, and they, have.  In the event that there is ever a conflict regarding how the business should be run, profits disbursed or cash calls, these agreements will dictate how those decisions are made.  It is imperative that you have a business attorney create them for you to ensure that your interests are protected now and in the future, whatever it may bring.  Otherwise, you could find yourself on the wrong end of a partnership dispute and losing an important fight, and perhaps the ability to direct the business that you worked so hard to build.

Contracts

As business attorneys, we highly recommend that you allow us to prepare your contracts for you and review contracts proposed by others, rather than writing and reviewing them yourself.  In any business deal, there are a number of matters that should be specifically addressed in the contract so as to limit your liability/exposure to the extent possible and, generally, avoid problems down the road.  You’ve heard the phrase, “Good fences make good neighbors.”  It might also be said that, good contracts make good business relationships.  When contracts are clear and well written, the parties know their rights and obligations when they enter the contract, and they likewise know where they stand when things do not go as planned. By allowing us to write or review your contracts, we can protect your business interests while working to prevent potential conflict before it begins.

Licenses & Permits

Another reason to work with business attorneys is to ensure that you have all of the necessary licenses and permits that are required to conduct your business in your particular city, county, and state.  Otherwise, you could end up paying penalties or fines due to simple mistakes or a lack of information. This is something that we can assist with.
To learn more about how we can help your business remain on a firm footing while protecting your interest, call our office to speak with one of our business attorneys.

Car Accident Lawyers Can Help You Recover Financially After an Accident

When you are in a car wreck, car accident lawyers can represent you, helping you to recover financial damages for your injuries or losses. Most people experience some form of shock after an accident that can blind their better judgment and instincts. This can make it difficult to deal with insurance companies and to handle the negotiations that often accompanies this sort of claim.  Even if you have started the process and realize that you are being treated unfairly, we can step in and take over negotiations on your behalf.

What do car accident lawyers do?

As car accident lawyers, we specialize in automobile accidents and helping those injured in them. We are also referred to as a personal injury attorney and specialize in representing the injured party. A personal injury includes any physical harm or emotional upset that was sustained as a result of an automobile accident.

If you have sustained an injury, or your car has been damaged in an accident that was not your fault, we have the ability to secure the compensation that is required to pay for your treatment or car improvement. We fight for your medical expenses, personal property damage, and current or future lost wages following an unfortunate accident. 

Can’t I just hire any type of attorney to represent me following an accident?

When you are in an automobile accident and are looking for an attorney to represent your case, do not settle for any lawyer. As car accident lawyers, we have in-depth experience in handling these types of cases and working with us will better your chances of winning your case.  

How do I know if I need a car accident lawyer?

If you were not injured or your claim is not more than $3,000, you may be able to work directly with the insurance company.  However, if you are in pain, have a loss of mobility, require medication, or feel unable to continue with normal activities as you used to – you should speak with one of our car accident lawyers.  In this situation, you may have extensive soft tissue damage that requires medical attention and ongoing treatment.  This makes it critical for you to receive compensation that can not only cover your medical expenses to date but also account for the expenses you will have in the future.  Since many insurance companies want to settle your claim quickly, it is important to wait to resolve the case until there is a full picture of what your injuries truly are.

Working with a lawyer is also beneficial due to how complicated the legal system is.  Any time that you go to court specific paperwork must be filed with the court and served on the other party.  There are deadlines and a specific process for how to gather and submit evidence to the court, filing deadlines for your witness list, pre-trial motions that can be made, etc.  Without extensive legal training and courtroom experience, it can be difficult, if not impossible, to understand these rules and to follow them.  Working with experienced car accident attorneys can, therefore, ensure that you have the best opportunity for success in your case.

Motorcycle Accident Lawyers Explains How to Work With the Insurance Company

As motorcycle accident lawyers, we help a lot of people that have been injured and are unsure of how to work with the insurance company (whether it be their own or the other driver’s) or what their next step should be.  This is understandable since most people do not often deal with another party’s insurance company, and are even less familiar with how to proceed with their own insurance company if the driver that hit them does not have enough insurance coverage, or no insurance. With that in mind, here are a few tips –

One of the first steps is to call your insurance company’s claim department.  Most have one that is available 24/7.  On this call, you will be speaking with a service representative that will take down your personal information and the basic facts of what happened in the accident. The purpose of this call is for you to open a claim and have a claim number assigned to you.  Your insurance company will also likely ask you to give a “recorded statement,” in which they will question you about the details of the accident and record the interview/call.  Because this process is unfamiliar to most people and even intimidating to some, and because you want to make sure that your account of the accident and your injuries is correctly stated, it is often helpful to meet with your motorcycle accident lawyer prior to giving such a statement so you will know what to expect.

You should always attend to your injuries right away; get checked out by a doctor and follow his/her recommendations. Give them your auto insurance information and claim number as well as your health insurance information. That way, your medical bills will be properly submitted and lessen your out-of-pocket expenses for medical bills that you did not cause.
We will be happy to meet with you and discuss what happened leading up to and during the accident.  Every detail can be valuable for building your case, so try to remember as much as you can and do not leave anything out, including what was around you, the road and weather conditions, etc.  You never know what will be used at a later date to prove your case.   If you do retain our services, we can then work with the insurance company on your behalf so that you will not have to worry about gathering your medical records, medical bills, wage loss information, etc., compiling that information and getting it to them.

As motorcycle accident lawyer, we will warn you that most insurance companies aggressively defend personal injury claims; therefore, you may be required to answer written questions under oath (interrogatories) or to appear for a deposition (where you are questioned under oath by the opposing party’s attorney).  The result of this discovery process will determine whether or not they make a settlement offer and, if so, how much they are willing to offer.  We can negotiate on your behalf to ensure that you receive the compensation you require, and if the insurance company’s offer is unreasonable, we can go to court and allow a jury to decide.

Terms You Can Expect to Hear from Civil Litigation Attorneys in Rapid City

As civil litigation attorneys in Rapid City, we represent clients with a variety of legal challenges.  Many people are unfamiliar with the differences between criminal and civil law, the terms that are used and the process in general.  If you are not an attorney or trained in the law, a lack of understanding can lead to complications when trying to go to court on your own.  This is one reason we always recommend retaining legal counsel.

In conversations with clients, we have found that people become more comfortable when they understand what to expect from the process.  With that in mind, here are some terms that you may encounter when engaged in civil litigation.

• Complaint.  As civil litigation attorneys in Rapid City, we can file a complaint (lawsuit) on your behalf.  This is a written document that sets forth your allegations (i.e., how you were wronged or injured and the remedy you are asking for).  It is signed and filed with the court and formally served (e.g. delivered by a Sheriff) on the person(s) you are suing. 
• Plaintiff.  You are the plaintiff if you are the one suing someone else.  For example, if you were injured due to a defective product and wanted to sue the company that made it, you would be the plaintiff.
• Defendant.  The defendant is the person or business you are suing, or against whom the lawsuit is being brought.  In some cases, like the example above, there may be multiple individuals or companies that contributed to what happened or are at fault.  We will help you identify them to make sure that the appropriate individuals or companies are included in the suit so that the appropriate individuals or companies are held accountable and you receive the financial compensation needed to compensate you for your injuries.
• Mediation.  Basically, a mediation is when the two parties in the lawsuit hire a neutral third party to assist them in negotiating in an effort to reach a settlement.  There are times where mediation can be helpful. For example, mediation allows the parties to often get the case resolved sooner, avoids the risks inherit with any trial, and avoid the additional costs that will be incurred at trial (e.g. expert witness fees).  Most mediations are non-binding; therefore, if the final offer proposed by the opposing party is insufficient, you have the ability to decline the offer and proceed to trial.
• Hearing.  Before the actual trial, the attorneys for the parties may appear before the Judge and submit oral argument concerning a motion or other matter and respond to any questions from the Judge.  The Judge may issue an oral decision that day, or take the matter under advisement and issue a Memorandum Decision or Order at a later date. 
• Discovery.  As civil litigation attorneys in Rapid City, we use discovery to “discover” facts and documents that might be helpful or harmful to your case so that we know all of the facts relevant to the lawsuit when we go to trial. Discovery typically consists of sending the defendant interrogatories (a list of questions that need to be responded to under oath), requests for production of documents (written requests for documents, or to inspect things), requests for admissions (written requests asking the opposing party to admit certain facts relevant to the lawsuit), and depositions (an individual is placed under oath and questioned by an attorney in the presence of a court reporter). As is readily apparent, the information obtained through discovery can be very critical in building your case.

To learn more about the legal process or to discuss your case in detail, schedule a consultation. 

What You Should Know About Gathering Evidence from a Trial Attorney

As trial attorneys, I know that a large part of the effort that goes into building a case often has to do with understanding the severity of the injuries that my clients have suffered so that I can better explain those injuries to the responsible party’s insurance company (or to the jury if the case goes to trial).  This also helps the jury when deciding the amount of compensation that my clients should receive.

Also, if you were in a simple fender-bender in which no one was injured, the insurance company for the driver at fault might be willing to make a financial offer that is acceptable and settle the matter outside of court. In contrast, if the car wreck involved multiple vehicles (and therefore multiple drivers), if you sustained severe and complicated medical injuries, or if you are seeking significant damages as a result of your injuries and losses, it is often more difficult to reach a settlement outside of court and a lawsuit may need to be brought. While most people would prefer to settle outside of court to save time, cost, and energy, that is not always possible.  When that happens, you need an attorney that has trial experience and knows how to gather evidence as part of the preparation process, something we strive to do well.  

In today’s digital world, more and more evidence is gathered based on your digital footprint, some of which could be helpful in building your case.

•    Cell phones. Your cell phone can come in handy after an accident.  If you were using a navigation app, it might show us where you were when the accident occurred and even what businesses were around you.  Simultaneously, your phone can be used to capture information at the scene of the wreck, including pictures of both vehicles’ location after impact, the damage to both vehicles, the road, the condition of the other driver, etc.   Assuming it can be done safely; taking pictures of everything you can, will often be helpful since they can be used in court.  As trial attorneys, we know that it is easy to forget things after the fact and pictures can help to jog the memory and provide context. 

•    Social media.  If your accident was out of the ordinary, there is a good chance that other people also took photos and posted them to social media.  If you were too injured to take pictures and pictures taken by others can be located, they it might be useful in showing the jury how extensive the accident really was. 

•    Cameras.  At many places you go, a camera or video camera may be capturing an image of you.  If the other driver ran a red light, as an example, we might be able to locate that footage to use in court. 

As trial attorneys, we are always prepared to go to court.  That being said, many of our clients often desire to get their claims resolved without have to go to court.  However, that is only possible if the responsible party’s insurance company is willing to settlement the claim for a reasonable amount.  If they are not, going to court becomes the only way to get our client compensated for the injuries and damages he/she sustained.  In that event, we will work with you to build the case to explain what happened and why you are deserving of compensation.   For more information, call and schedule a consultation.

Call a Motorcycle Accident Attorney After Your Crash

As motorcycle accident attorneys, we know how easy it is to get in a crash, regardless of how careful of a rider you are. Motorcycling is a way of life to many thousands of people, few of whom probably ever give a thought to needing a lawyer. However, should you ever get into an accident while riding your motorcycle; you should have an experienced motorcycle accident attorney in your corner. This is because a road accident involving a motorcycle and some other type of vehicle often presents some unique challenges.

Because motorcycles are narrower and considerably smaller than most other vehicles, such as cars, pickups, and SUVs, it is all too common for drivers to somehow fail to see motorcycles, resulting in them doing something like pulling out in front of, making a lane change into, or making a left-hand turn in front of, and into the path of, the motorcycle.

Due to their very nature, the rider of a motorcycle does not have the same protection that operators and passengers of car, pickups, and SUVs do.  As a result, motorcycle riders are far more likely to sustain serious or even fatal injuries in a collision.  As motorcycle accident attorneys, many of our clients therefore have serious injuries and require significant compensation to pay for medical bills, lost wages, and lost future earnings.

Motorcycle riders injured in collisions also face another challenge, since many people’s first assumption when hearing of a motorcycle wreck is that the motorcycle rider likely did something wrong. This is an incorrect assumption.  One study concluded that in nearly two-thirds of collisions involving a motorcycle and another type of vehicle, the motorcycle rider was not at fault.  However, it will fall to us, as your motorcycle accident attorneys, to show that you were riding in a reasonable manner, and did not cause the collision.

You need to bear in mind that it is important to contact an attorney promptly. Not only is there a limited time period in which you can file a claim, but evidence can be lost (such as skid marks fading away, vehicles being repaired, event data recorder information being lost, etc.) and crucial details can easily slip witnesses’ minds and be forgotten.

We do understand that recalling the details of the accident can be extremely distressing and emotionally draining for the person who was involved, and who was injured. You can be assured that we will handle this in a gentle and patient manner.  On the other hand, we also need as many details as possible to first determine if you have a case, and secondly to plan a course of action.

The injuries sustained in a motorcycle/vehicle accident can be extremely severe, and the associated cost of medical care and rehabilitation very high. Additionally, you may be unable to return to work for a period of time, resulting in you losing much-needed income.  It is for these reasons that a motorcycle accident attorney can prove to be very valuable when negotiating with the other driver’s insurance company or, if necessary, presenting your case in court.

To protect your interests and those of your family, hire an experienced motorcycle accident attorney who understands the complexities of motorcycle crashes, and who will help you understand your rights and get the compensation needed to reimburse you for your injuries and damages.  Give us a call to schedule your consultation today.

Speak With a Lawyer Before Entering Into a Real Estate Contract

As local lawyers, we often work with clients that are purchasing or selling real estate.  Whether you are purchasing or selling a home for your family, buying or selling an investment property, or leasing an office for your business, we can help to ensure that your rights are protected.  Real estate law can be complex and we believe that it is far easier to avoid disputes down the road by crafting the right contract ahead of time.  Here are some things you should keep in mind when entering a real estate transaction:

Who will own the property?

This is far more complicated than it sounds.  How you title the property will influence your ownership rights, have tax implications, and make a difference in your estate.  If, for example, you want to purchase the property in an LLC, that can help to protect you from personal liability, but your LLC documents need to be in place first.  The LLC documents will dictate the members’ respective rights, such as what happens if one member wants to sell, etc.  As such, your ownership documents must be in proper form before completing your purchase.  Simultaneously, if you are considering estate planning, you may want to hold the property in a trust, which also must be set up ahead of time.  We can go over your options with you, so that you can make an informed decision regarding who should actually own the property.

What do you want to do with the property?

Your immediate and long-term plans for the property are also relevant. For example, if you are purchasing a home and want to permanently make it into commercial office space, the zoning laws, etc. should be reviewed.  Similarly, if you are buying a property and want to subdivide it or build on it, there are other considerations that need to be reviewed to ensure that you are legally allowed to do so.  Take the time to check everything as part of your due diligence process so that you don’t end up stuck with a property that you can’t use.

Who gets the property later on?

Is this going to be a flip or a long-term hold?  Your intentions with regard to the property are important. By understanding your goals, we can help you to plan ahead to make it easy from the beginning.

What if you want out of it?

Not every real estate deal works out.  You may find something in your due diligence that makes the property uninhabitable, defective, a bad deal, or simply not suited for your purposes.  The contract needs to address the circumstances that will allow you to not follow through with the purchase of the purchase and, if so, what happens, such as whether you forgo any down payment or earnest money.  As your lawyers, we can draft your purchase and sale agreement to ensure that your rights are protected.

Insurance Attorney in Rapid City Explains How New Black Boxes Work

As insurance attorneys in Rapid City families trust, we help those injured in a car accident to receive the compensation they deserve for their injuries and damages.  We typically get involved after an accident has taken place and can make sure that the insurance companies do not force you to accept a “lowball” settlement offer that does not compensate you for your damages.  By working with you, reviewing your medical bills and wage loss documents, and working with the necessary accident reconstruction and/or medical experts, we can help to determine what amount will be required to address your injuries and damages both now and in the future.  

Can an Event Data Recorder – sometimes referred to as a “black box” – influence my insurance claim?

While working on accident cases we deal with Event Data Recorders (“EDRs”, or “black boxes”). If you are unfamiliar with what these are, generally, they monitor and record certain information and data in a vehicle, similar to the black boxes found in airplanes. Beginning in 2014, new cars, light trucks, SUVs and vans less than 8,500 pounds are required to have one built in.  EDRs often record what happens leading up to a car accident, such as throttle position, speed, velocity change, and brake application in the moments leading up to and during an accident.  The data can then be accessed/downloaded after the collision in order to get an idea of what actually took place during the collision.  

As insurance attorneys in Rapid City, we want to know what year your car was manufactured so that we can determine if an EDR was in your vehicle or the other party’s vehicle and whether information from the EDR can be retrieved. As with anything, the information may not tell the entire story, you still need an attorney to represent you. 

EDRs often give a moment by moment account of various vehicle data in the moments leading up to and during the crash.  Not only can such information often provide reliable information about the collision such as whether a person was speeding or not, but, sometimes, it can even tell if someone else was also in the car.  This is an incredible level of information. 

As insurance attorneys in Rapid City, we always recommend that you consider hiring an attorney instead of negotiating directly with the insurance company on your own.  When it comes to cars with these “black boxes” or EDRs, the assistance of an attorney that is familiar with them becomes even more important.  Data without context is still open for interpretation, and could be used by the other party or his/her insurance company to attempt to paint a different version of events than what you know occurred in the moments leading up to and during the accident. Ultimately, the complicated issues that can arise due to EDRs and “black boxes” in vehicles is simply another reason why it is a good idea to consult with an accident or injury attorney in Rapid City after you have been injured in a wreck.

As injury lawyers in Rapid City SD, we work hard to help individuals and families receive quality legal representation.  If you have been a victim of another persons’ intentional, reckless, careless, or negligent actions, and you need help recovering the compensation and damages you are entitled to under the law, look no further, we are a skilled and experienced injury lawyers in Rapid City SD. At our law office, we sincerely understand that the effects of injuries on accident victims and their families can often be, to say the least, overwhelming. Our attorneys will guide you safely through the insurance claim and/or litigation process, and make sure that your best interests are represented at all times.

Personal injury insurance claims and personal injury law is complicated and, to a certain extent, confusing for most people, however, our experienced legal staff are equipped to handle any type of injury lawsuit.  Put our legal experience to work, and let us advocate on your behalf so you can focus on your recovery. It is especially important for you to consider consulting an experienced lawyer prior to accepting any offers made by the other party's insurance company since, generally, once you release the other party and their insurance company, you cannot later ask for additional money.

Protect Your Rights
Not only do we aggressively negotiate with responsible parties and their insurance companies, if necessary we don't hesitate to take a case to trial if the other party or their insurance company is unwilling to offer you a fair settlement.  We often rely upon our clients’ doctors, and other experts such as accident reconstructionists, engineers, vocational experts, life care planners, and economists to explain what happened and demonstrate what will be required to ensure that our clients' current and future financial and medical needs are met.

Financial Compensation 
Regardless of how you were injured, and whether the injury is mild, moderate, or severe, we will focus on seeking compensation for your past and future medical expenses, your past and future lost wages, and your loss of enjoyment of life and pain and suffering.

Often times, insurance companies challenge the damages you allege you have sustained and will attempt to avoid having to pay you what you believe you lost or were damaged. Keeping records in order from your accident is therefore very important, such as medical bills, lost wage information, receipts for other accident related expenses, and any other documentation linked to the incident.  We can help you with this process, and many of our clients actually have us obtain and organize their medical records and bills. One of our injury lawyers will also examine your insurance policy, to see exactly what coverage is available under your policy, and work with you in calculating the amount that it will take to reimburse you for all of the damages that you have incurred. Once we have reached a figure you are comfortable with, we will pursue it on your behalf with the negligent party's insurance company.  We make every effort to ensure that our clients recover the damages they have sustained.

Don't Hesitate
If you or a loved one has been injured in an accident, don't hesitate to call an injury lawyer in Rapid City SD to discuss your rights. We welcome your call and look forward to helping you understand how the law provides for compensating you for injuries caused by the negligence of others.

A Motorcycle Accident Attorney Can Protect Your Rights

If you are one of the many people who enjoys the freedom of the open road, working with a motorcycle accident attorney may be the last thing on your mind.  However, as you know, if a motorcycle is struck by another vehicle, it is usually the motorcyclist who, without the protections afforded by being inside of typical car or pickup is very vulnerable and usually injured far more seriously than the person in the car or pickup. However, regardless of the seriousness of the accident, the one person you should not forget about, or attempt to do without, is an attorney who is experienced in motorcycle accidents.

Unfortunately, there seems to be a number of people out there who have a negative view of bikers, which could affect what happens at the scene of the accident and afterwards. The actions of the motorcyclist, who may not have been at fault at all, are often looked at first.  A motorcycle is not as easy to see as a larger four wheeled vehicle, and failing to notice a motorcycle is one of the leading causes of accidents involving a motorcycle and other kinds of vehicles. For example, if a driver is not paying careful attention, particularly during times when there are a lot of vehicles on the road, it is all too common for a driver of a car or truck to not see a motorcyclist and, for example, make a left-hand turn right in front of a motorcycle, or make a lane change into the path of a motorcycle. However, not 'seeing' the motorcycle is not an acceptable excuse for causing an accident and striking a motorcyclist.

It has been estimated that some 70% of accidents involving a motorcycle and another kind of vehicle were due to the driver of the vehicle not seeing the motorcyclist.  This means that often the accident was not the motorcyclist's fault - making hiring a motorcycle accident attorney important. Determining who is legally responsible is one of the most important challenges in any traffic accident and usually involves visiting the scene, interviewing witnesses, etc. All of which we will make sure happens.

It is very important to remember that the responsible party’s insurance company is not working on your behalf.  Instead, their goal is to try and get rid of your claim for as little as possible.  Their adjusters are seasoned, and usually very competent, and are skilled in negotiating and attempting to convince you that you should accept a lower amount to resolve your claim.  For this reason, it is helpful to have a motorcycle accident attorney representing your interests.

As experienced, knowledgeable, and detailed motorcycle accident attorneys, we are familiar with the intricacies of the law and will take all steps to protect your legal rights - regardless of how complex the circumstances.  And, as is so often the case, if the accident was caused by the other party, we will focus on helping you recover the damages you have sustained, that may include, but are not limited to, past and future medical expenses, lost wages, a loss of the ability to earn wages in the future, and pain and suffering. 

Accident Attorney in Rapid City SD Can Help in a Multi-Car Collision Case

You should speak with an accident attorney in Rapid City SD if you have been in a multi-car accident.  These happen on a frequent basis, especially when it is dark, or the weather is bad.  Whenever there is decreased visibility, and the roads are slick, it becomes harder for other cars to see an initial accident and stop in time to avoid becoming part of it unless they are proceeding at a sufficiently slow speed.  This is one of the reasons that it is so important to keep a sufficient distance between you and the vehicle in front of you.  This way you have more of an opportunity to stop or swerve out of the way and avoid becoming part of the pileup.  

As a lawyer, these cases can be particularly interesting due to the concept of negligence.  In a typically personal injury cases, negligence must be established since that determines who is financially responsible for the damage and injuries that occurred.  In cases like a rear-end accident, is often much easier to prove who was to blame, whereas in other cases it may be less clear and require further research and investigation.  This could not be truer than with a multi-car collision. 

As accident attorneys in Rapid City SD, we see several types of multi-car accidents.  Perhaps the most common is when there is a lot of traffic on the road and everyone is following the car in front of them too closely.  When one stops abruptly or gets in a collision, the other cars subsequently hit each other until you have a line of vehicles that are sitting on the highway with damage.  The best way to try to avoid such an accident is by ensuring that you do not following too closely and keep enough distance between you and the next car in front of you.  Regardless of where you were in the pileup it is important that your interests are protected.  We can do the research necessary to determine who was at fault so that you are compensated for your injuries and for the damage to your vehicle. 

Another, less common occurrence is when someone becomes injured after his/her vehicle is struck multiples times.  This is more likely to occur when a damaged car cannot make it off of the roadway.  If, for example, a car is involved in an accident and ends up damaged and resting in the roadway, another car could hit the original one.  If you are involved in such a collision, it is important to do whatever you can to ensure your safety and the safety of others, such as turning your hazard lights on and perhaps moving yourself to the edge of the roadway.

If you have been involved in a complicated case like this, we can help.  As accident attorneys in Rapid City SD, we can review your case and let you know what steps to take next. 

Speak With a Car Accident Lawyer If Your Car Malfunctioned, Leading to an Accident

As car accident lawyers, it is clear in many of the cases we see that the other driver was at fault and how the collision injured our client.  While some cases may be more complicated where, for example, the other driver claims that our client was also at fault, most of the time the cause of the accident is clear. However, if you were driving and felt like your car didn’t respond like it was supposed to, or you lost control, it’s possible that there was a problem with your vehicle and that your driving was not the cause. In order to find out, we encourage you to schedule a consultation for us to discuss the circumstances surrounding your accident.

Here’s why –

There have been cases where car manufacturers have sold faulty or defective vehicles and/or components that have led to accidents or injuries.  Sometimes these types of issues result in the notices of recalls that you see in the news.  It could be something like a risk of a car tipping or rolling, a seatbelt working incorrectly, etc.  While we all like to believe that our cars are properly designed and manufactured, this is not always the case. 

Perhaps, the largest recent incident of this was with Toyota and concerned an issue with “unintentional acceleration.”  According to the FBI, Toyota was aware of the problem, did not recall the models, and continued to manufacture and sell cars with the same problem part. One incident that was reported occurred in 2009 when an off-duty police officer and his family were driving in their Lexus E350.  It was reported that the car accelerated beyond his control and sped up to 120 miles per hour.  Although one of the passengers was apparently on the phone with 911 while this was taking place, the car ultimately crashed, and four people in the Lexus were killed.  The FBI’s pursuit of the matter ultimately resulted in Toyota agreeing to pay a financial penalty in the amount of $1.2 billion as part of a deferred prosecution agreement.  As a car accident lawyer, this is not something that we commonly see, but if a strange accident occurs it needs to be examined further. 

One way to tell if something may have been amiss is if you feel like you were following all of the rules of the road and the car simply didn’t respond like it was supposed to.  For example, if you applied the breaks but the car didn’t stop, or if you took a turn at a normal speed and the car suddenly tipped over or rolled.  Your car is supposed to respond to your commands, and when it doesn’t, it may be because it was defective.  Even if you were given a ticket for the accident, that is not determinative; if the vehicle was defective, the manufacturer is at fault should be held accountable. 

As car accident lawyers, we can review your case and discuss the details to determine if the case warrants further examination.  It is important to determine if a problem with the vehicle was responsible for the accident so that you can receive compensation for your injuries.