What an Aberdeen car accident attorney does for you
A car accident attorney in Aberdeen handles the practical and legal work after a crash—negotiating with insurance companies, gathering evidence, and representing you if a case goes to court. They work on what's called a contingency fee, which means you pay them only if you win money, and their fee comes from that settlement or judgment. This structure exists because accident cases are expensive to pursue, and most people cannot afford upfront legal costs.
The attorney's job is to build a case that shows who caused the crash and what your injuries or losses are worth. That means collecting police reports, medical records, witness statements, and sometimes informed opinions about how the accident happened or what your treatment will cost long-term. They also handle all communication with the other driver's insurance company, which is important because anything you say to an insurer can be used against you later.
If the insurance company will not offer enough money to cover your actual losses, the attorney decides whether to file a lawsuit. Most cases settle before trial, but your attorney needs to be ready to go to court if settlement talks stall.
Key Takeaways
- Aberdeen attorneys work on contingency, meaning you pay nothing upfront and their fee comes only from money you win.
- An attorney's main job is proving fault and calculating what your case is worth, then negotiating with insurance companies on your behalf.
- You should contact an attorney within weeks of the crash, before memories fade and evidence disappears.
- Most car accident cases settle without trial, but your attorney must be prepared to file a lawsuit if the insurance offer does not match your losses.
When to contact an Aberdeen attorney after a crash
The sooner you contact an attorney after a car accident, the better. Evidence disappears quickly—security camera footage is often deleted after 30 days, witnesses move or forget details, and the accident scene changes. An attorney can send a preservation letter to the other driver's insurance company, asking them to keep all evidence related to the crash. This letter creates a legal obligation to preserve that evidence.
You should also contact an attorney before you give a recorded statement to any insurance company, even your own. Insurance adjusters are trained to ask questions in ways that can undermine your case. An attorney can be present during that statement or advise you on what to say and what not to say.
If you have already settled with an insurance company without an attorney, you cannot usually reopen that settlement. This is one reason why waiting can cost you money—once you sign a release, your case is closed.
How Aberdeen attorneys investigate your accident
A thorough investigation is what separates a strong case from a weak one. Your attorney will obtain the police report, which contains the officer's account of how the crash happened and sometimes a information of fault. However, police reports are not always complete or accurate, so the attorney will also visit the accident scene to photograph road conditions, traffic signals, sight lines, and anything else that affected visibility or how the crash unfolded.
Your attorney will request your medical records from every provider who treated you after the crash—emergency room, urgent care, physical therapy, specialists. These records establish what injuries you suffered and what treatment you needed. They also create a timeline that shows whether your injuries were caused by the crash or by something else.
If witnesses were present, the attorney will track them down and take statements. Witness testimony is often the strongest evidence in a case, because it comes from someone with no financial stake in the outcome. Your attorney will also obtain phone records, text messages, or dashcam footage if available, and may hire accident reconstruction experts if the cause of the crash is disputed.
What your case is worth and how it is calculated
The value of a car accident case depends on two categories: economic damages and non-economic damages. Economic damages are the concrete costs you can add up—medical bills, lost wages, vehicle repair or replacement, and future medical care. These are the easiest to prove because you have receipts and bills.
Non-economic damages cover pain and suffering, loss of enjoyment of life, and permanent scarring or disfigurement. These have no receipt, so your attorney argues their value based on the severity of your injuries, how long recovery takes, and what your life was like before and after the crash. A broken arm that heals in six weeks is worth less than a spinal injury that causes chronic pain for years.
Your attorney will also consider whether you share any fault for the crash. South Dakota follows comparative negligence rules, which means if you are found to be partially at fault, your recovery is reduced by your percentage of fault. For example, if you are 20 percent at fault and your case is worth $100,000, you would receive $80,000. An attorney can argue that you were less at fault than the other driver claims, which directly affects what you receive.
Negotiating with insurance companies
Once your attorney has gathered evidence and calculated what your case is worth, they send a demand letter to the other driver's insurance company. This letter explains what happened, why the other driver was at fault, what your injuries are, and what amount you are demanding to settle. The insurance company then makes a counteroffer, usually lower than your demand.
What happens next depends on the gap between what you are asking for and what they are offering. If the gap is small, negotiation may close it quickly. If the gap is large, your attorney may file a lawsuit to show the insurance company that you are serious and willing to go to court. Many cases settle once a lawsuit is filed, because the insurance company's costs go up and the risk of a jury verdict against them becomes real.
Your attorney handles all of this communication. You should not contact the insurance company directly or accept any settlement offer without your attorney's information. Insurance adjusters are skilled at getting people to accept less than their case is worth, especially if you are injured, stressed, and facing medical bills.
Filing a lawsuit if settlement talks fail
If negotiation does not produce a fair settlement, your attorney will file a lawsuit in the appropriate South Dakota court. This starts the formal discovery process, where both sides exchange documents, answer written questions, and take depositions—recorded interviews where witnesses and parties answer questions under oath.
Discovery can take months or even a year, depending on the complexity of the case and how much evidence there is. During this time, settlement talks usually continue, and many cases settle once both sides have seen all the evidence. If settlement still does not happen, the case goes to trial, where a judge or jury decides who was at fault and what you should receive.
Trial is expensive and time-consuming, which is why most cases settle. However, your attorney must be willing and able to take your case to trial if the insurance company's offer is unreasonably low. An attorney who is known for actually trying cases has more leverage in settlement negotiations, because the insurance company knows you are not bluffing.
Finding and choosing an Aberdeen attorney
When you are looking for an Aberdeen car accident attorney, start by asking for referrals from people you trust—friends, family, or your primary care doctor. You can also search the South Dakota Bar Association's website to verify that an attorney is licensed and in good standing. Some attorneys have disciplinary records, which the bar association makes public.
Most car accident attorneys offer free initial consultations, which means you can talk to several attorneys at no cost before deciding who to hire. During that conversation, ask about their experience with cases like yours, how they charge (contingency fee structure), and what percentage they take. Contingency fees typically range from 25 to 40 percent, depending on whether the case settles or goes to trial.
Ask how long they have been practicing, whether they have tried cases in front of juries, and what their track record is. You want an attorney who knows Aberdeen courts, judges, and local insurance adjusters. You also want someone who communicates clearly and returns calls promptly, because you will be working together for months or longer.
Frequently Asked Questions
How much does it cost to hire a car accident attorney in Aberdeen?
Nothing upfront. Car accident attorneys work on contingency, meaning you pay their fee only if you win money. The fee is typically 25 to 40 percent of what you recover, depending on whether the case settles or requires a trial. You may also owe costs like court filing fees or informed witness fees, which your attorney will discuss with you before incurring them.
What if the other driver does not have insurance?
Your own insurance policy may have uninsured motorist coverage, which covers you if the at-fault driver has no insurance. Your attorney can file a claim against your own policy. If you do not have that coverage, you can still sue the other driver directly, but collecting money from someone with no insurance is difficult. Your attorney can advise you on whether pursuing the case is worth the effort.
Can I still hire an attorney if I already gave a statement to the insurance company?
Yes, but do not give any more statements without your attorney present. Anything you said in that first statement can be used against you, and your attorney will work to minimize the damage. This is another reason to contact an attorney early—before you speak to any insurance company.
How long does a car accident case usually take?
If the case settles, it can be resolved in a few months to a year. If it goes to trial, add several more months for discovery and court scheduling. Your attorney can give you a better timeline once they understand the complexity of your case and how cooperative the insurance company is being.
What if I was partially at fault for the crash?
South Dakota allows you to recover even if you are partially at fault, as long as you are not more than 50 percent responsible. Your recovery is reduced by your percentage of fault. Your attorney's job is to argue that you were less at fault than the other driver claims, which directly increases what you receive.