Legal Question in Personal Injury in South Dakota

Re: swimming injury

We appreciate your question. We may be able to assist you. However, we generally do not reply to legal questions via email. Our services are best provided through a scheduled appointment (either telephonic or in person) where we can meet and discuss the merits of your case. In the Sioux Falls office, you may wish to contact David Nadolski, who is licensed in both Iowa and South Dakota.

Please call Dave or Todd Epp at 800-289-5999 to visit with your inquiry or to make an appointment.

Re: swimming injury

You do not say whether the college is a public or private institution. I presume this occurred in South Dakota. As regards timing, assuming your son is no longer a minor, lawsuits must be officially started within three years of the date of injury. This is the principal time consideration with regard to claims that are not against public entities. If the claim is against a public entity, you have an additional requirement of providing notice to the public entity within 180 days of the injury. The notice must meet certain statutory requirements for content and service. If you do not provide the notice the claim may be defeated for that reason alone. There are few exceptions.

With regard to the question of whether you should pursue suit, you should contact an attorney to evaluate the specific facts of your case. The basic facts you set forth suggest that you have a case that merits careful consideration. Typically attorneys do not charge to evaluate a personal injury case.