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★ South Dakota · back & spine

Back & spine settlements
in South Dakota.

By 9 min read

A crane mechanic in Brookings said a forklift fork struck his neck; he later had an L5-S1 fusion with over $250,000 in medical bills and seven months off work, and the jury still returned a verdict for the company. A Sioux Falls woman rear ended twice on I-229 won $60,000 against the first driver and nothing against the second, who braked for a deer.

Facts that decide a back & spine claim in South Dakota

Disputed accidentsWhen witnesses deny the injury happened, the jury decides who to believe; two workers denied Sedlacek was struck.Sedlacek v. Prussman Contracting (S.D. 2020)
Sudden emergencyA driver who rear ends you while reacting to a sudden emergency, such as a deer, may be excused from negligence by the jury.Hewitt v. Felderman (S.D. 2013)
Deadline to sueAn action for personal injury “can be commenced only within three years after the cause of action shall have accrued.”S.D. Codified Laws § 15-2-14(3)
★ band · US federal frame
$80,000 to $400,000+
Back injury (severe, surgery)
Reported decisions; statutory cap states constrain the upper end

The US band is the starting point. South Dakota's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your back & spine claim in South Dakota. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own back & spine case in about two minutes, no cost and no obligation.

Check my case
★ SD · reported back & spine outcomes

What South Dakota courts have awarded.

Real South Dakota decisions and verdicts, each linked to the court record or official report.

  • Sedlacek v. Prussman Contracting, Inc.
    South Dakota Supreme Court · 2020
    Defense verdict affirmed

    On January 30, 2015, Dennis Sedlacek was repairing a crane at Prussman’s Brookings facility. He turned and says his neck struck a raised forklift fork; the operator and a coworker denied it. Diagnosed first with neck contusions, he developed low back pain and had an L5-S1 fusion, with over $250,000 in medical expenses and seven months off work. The jury found for Prussman; affirmed.

  • Hewitt v. Felderman
    South Dakota Supreme Court · 2013
    $60,000 against one driver; $0 against the other

    On January 11, 2007, Peggy Hewitt was rear ended at the Benson Road exit of I-229 in Sioux Falls and was treated for spinal sprain and strain. On June 27, 2008, riding with her son, their car braked for a deer and Shelli Felderman hit them from behind. The jury awarded $60,000 against the first driver and nothing against Felderman; affirmed.

★ SD · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in South Dakota.

  1. 1

    Report a work injury right away, as Sedlacek did, and get the names of everyone present.

  2. 2

    When two crashes overlap, your doctors should separate what each one caused.

  3. 3

    A traffic citation alone did not prove negligence in Hewitt; gather other evidence.

★ SD · statute of limitations
3 years from date of injury

S.D. Codified Laws § 15-2-14

★ SD · fault rule
Slight versus gross negligence

Recovery is allowed only when the claimant's negligence was slight in comparison with the defendant's, and the award is then reduced; more than slight bars the claim (S.D. Codified Laws § 20-9-2).

★ SD · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in South Dakota.

★ back & spine severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies back & spine into the tiers below. South Dakota courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Back injury (moderate, no surgery)$30,000 to $100,000Reported decisions plus settlement aggregates
Back injury (severe, surgery)$80,000 to $400,000+Reported decisions; statutory cap states constrain the upper end
★ back & spine · same region & fault regime

Compare to like jurisdictions.

How South Dakota's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
South Dakota · you are hereSlight versus gross negligence3 years from date of injury—
WisconsinModified comparative, 51% bar3 years from date of injuryWI · back & spine →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · back & spine →
IndianaModified comparative, 51% bar2 years from date of injuryIN · back & spine →
IowaModified comparative, 51% bar2 years from date of injuryIA · back & spine →
KansasModified comparative, 50% bar2 years from date of injuryKS · back & spine →
MichiganModified comparative, 51% bar3 years from date of injuryMI · back & spine →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · back & spine →
TexasModified comparative, 51% bar2 years from date of injuryTX · back & spine →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · back & spine →
VermontModified comparative, 51% bar3 years from date of injuryVT · back & spine →
VirginiaPure contributory negligence2 years from date of injuryVA · back & spine →
WashingtonPure comparative negligence3 years from date of injuryWA · back & spine →
★ SD · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30. Every figure on this page comes from one of these documents.

★ all of SD
South Dakota overview

Fault rule, statute, caps, and key facts for South Dakota as a whole.

★ federal frame
Back & spine in United States

Back & spine band structure and severity tiers at the US level.

★ all 15 countries
Back & spine · everywhere

Cross-jurisdiction comparison of back & spine bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for South Dakota's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in South Dakota. See /methodology, /sources, and /disclaimer.