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★ South Dakota · head & brain

Head & brain settlements
in South Dakota.

By 9 min read

A 29 year old education manager rear ended in Aberdeen reported vision and cognitive problems, lost her job months later, and received $125,000 from a jury, far less than she asked; the award was affirmed. A driver hit on icy roads in Lincoln County with possible concussive symptoms won $400,000 in underinsured benefits, $250,000 for bad faith and $890,000 in punitive damages against his own insurer.

Facts that decide a head & brain claim in South Dakota

Medical records at trialYour own medical records can be admitted against you as business records, as happened in Braun.Braun v. Wollman (S.D. 2024)
Insurer bad faithAn insurer that underpays an underinsured motorist claim can owe the claim value, bad faith damages and punitive damages.Fiechtner v. American West Ins. (S.D. 2025)
Deadline to sueThree years from the injury for personal injury claims, the same for head injuries as for any other.S.D. Codified Laws § 15-2-14(3)
★ band · US federal frame
$500,000 to multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

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 head & brain 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 head & brain case in about two minutes, no cost and no obligation.

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★ SD · reported head & brain outcomes

What South Dakota courts have awarded.

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

  • Braun v. Wollman
    South Dakota Supreme Court · 2024
    $125,000 verdict affirmed

    On July 24, 2017, Radena Wollman, going about 30 mph, rear ended Samantha Braun’s car stopped at an Aberdeen intersection. Braun, 29, did not believe she had hit her head, but later reported pain, vision and cognitive problems, and was let go from her Head Start job in February 2018. Wollman admitted fault. The jury awarded $65,000 in general damages and $60,000 for disability; affirmed.

  • Fiechtner v. American West Insurance
    South Dakota Supreme Court · 2025
    $400,000, $250,000 and $890,000 punitive affirmed

    On April 14, 2018, on snowy roads in Lincoln County, Caitlyn Belliveau’s sedan slid into Mark Fiechtner’s pickup. Days later he had neck pain, headaches, and vision and memory problems; a surgeon noted possible concussive symptoms. He collected her $100,000 limit and sued his own insurer. The jury awarded $400,000 on the claim, $250,000 for bad faith and $890,000 punitive; affirmed.

★ SD · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in South Dakota.

  1. 1

    Get checked even if you felt fine at the scene; both drivers here reported no injury at first.

  2. 2

    Keep a record of work and memory problems as they happen.

  3. 3

    Put your underinsured motorist claim in writing and keep every reply from your insurer.

★ 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 head & brain settlement in South Dakota.

★ head & brain severity tiers · US frame

How the band stratifies.

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

Severity tierBandBasis
Concussion / mild TBI$25,000 to $100,000Reported decisions
Severe traumatic brain injury$500,000 to multi-millionCatastrophic-case reported decisions
★ head & brain · 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 head & brain claims.

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

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain 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.