Get Answers to Your Case Questions

Read the FAQs or visit our attorneys at our Sioux Falls, SD office

How Much Can I Expect to Receive?

The value of your case cannot be determined until your unique case is evaluated. Alvine Weidenaar LLP will analyze your case individually and give you a more accurate assessment of what you can expect to receive. We have successfully collected many millions of dollars in settlements and benefits for our clients, and we always strive to recover the full value for each case.

How Much Are the Legal Fees?

We represent most cases on a contingent basis. Attorney fees are a percentage of the recovery and received only if your case is won. Fees are computed before deduction for costs. Rules require that clients are ultimately responsible for the expenses regardless of outcome. Legal and court fees are different for every case and will be explained up front.

What Damages Am I Entitled to Collect?

For personal injury cases, the following are damages you may be able to collect:

  • Past and future medical bills
  • Past and future pain and suffering
  • Past and future lost wages
  • Permanent disfigurement or scars
  • Permanent injury or disability
  • Mental trauma/psychological injuries
  • Loss of earning capacity

Do I Need a Lawyer?

Representation in a court of law or in any legal matter needs to be presented in a very specific manner. The more experienced, professional, and knowledgeable your legal representation, the better the outcome of your case will be. Insurance companies and organizations have adjusters and lawyers on their side. When you hire Alvine Weidenaar LLP, you will have a powerful and aggressive attorney who can fight effectively for you. In numerous cases, we have successfully collected 5, 10, or 20 times more than what was offered by the insurance company before we took over the case.

Will My Case Go to Trial?

Most personal injury cases do settle. We have experience in settling cases, including mediation and arbitration. However, each case is different and has unique facts. Some cases do have to be tried to a jury, in which case experience in personal injury claims does matter. Alvine Weidenaar LLP has extensive experience in such situations and will be able to offer accurate advice for your specific situation.

How Long Do I Have to Resolve My Claim?

In the state of South Dakota, the law limits the time for you to either settle your case or file a lawsuit. Called the statute of limitations, the amount of time depends on the type of case and the identity of the other party. Since the specifics of your case determines the statute of limitations, Alvine Weidenaar LLP can quickly answer this in your free initial consultation.

Who Will Pay for My Medical Bills?

When you're injured through no fault of your own, paying your medical bills without hurting your credit is important. We have substantial experience working with standard medical payments coverage and health insurance in personal injury and auto accident cases. We encourage you to seek competent medical treatment if you are hurt. Most importantly, Alvine Weidenaar LLP will support you through this trying time.

In an Automobile Accident, Who Fixes My Car?

Regardless of fault, your automobile insurance policy will replace or repair your vehicle as long as you have collision coverage. You will need to contact your insurance agent, report the accident, and follow their instructions to get your vehicle fixed. Then your insurance company may pursue the other driver for reimbursement. If you do not have collision coverage, it will be up to the other person's insurance company as to whether they will admit responsibility and fix your car. Most of the time, the insurance company of the driver at fault will want to promptly repair or replace vehicles in order to avoid having to pay interest. We have experience working with insurance companies to assure that automobiles are promptly and properly fixed, as well as working to provide a rental vehicle if needed.

What Are Miranda Warnings?

In a case called Miranda v Arizona, the United States Supreme Court outlined how police were to conduct a “custodial interrogation.” Anytime a person is considered to be in “custody” and law enforcement wishes to “interrogate” (question about a crime) the defendant, law enforcement must read you your rights. Law enforcement must inform you that you have the right to have a lawyer and if you cannot afford one, the court will appoint one for you, and warn you that anything you say can and will be used against you. Should the police fail to do so, your statements may be suppressed by the Court and not used against you in the court of law.

Do I have to talk to the police?

No. However, if you are a suspect of a crime that was committed, this is always a very difficult question. Even though you are not required to talk to them, there are certain cases in which you may want to do so.

Keep in mind the courts permit the police to engage in lying to deceive suspects during questioning in order to gain a confession. Since law enforcement officers are trained and experienced in interrogating people, it is highly recommended you have an experienced defense attorney to help you.

How Are Crimes Classified?

In South Dakota there are typically three classifications of crimes. They are as follows:

There are six (6) classifications of felonies. They are commonly referred to as Class 6 through Class 1 Felonies and they are as follows:

  • Class 1: Punishable by up to a lifetime in the State Penitentiary.
  • Class 2: Maximum sentence: 25 years in the State Penitentiary and/or $25,000 fine.
  • Class 3: Maximum sentence: 15 years in the State Penitentiary and/or $15,000 fine.
  • Class 4: Maximum sentence: 10 years in the State Penitentiary and/or $10,000 fine.
  • Class 5: Maximum sentence: 5 years in the State Penitentiary and/or $5,000 fine.
  • Class 6: Maximum sentence: 2 years in the State Penitentiary and/or $2,000 fine.

There are two (2) classifications of misdemeanors. They are commonly referred to as Class I and Class II misdemeanors as follows:

Class I: Punishable by up to 1 year in jail and/or $1,000 in fines. Common Class I misdemeanors include the following:

  • Driving under the influence – First or second offense in 10 years
  • Reckless driving
  • Simple assault
  • Stalking
  • Petty theft: $100 to $500

Class II: Punishable by up to 30 days in jail and/or $200 in fines. Common Class II misdemeanors include the following:

  • Disorderly conduct
  • Petty theft 2%: $.01 to $99.99
  • Careless driving

Petty Offenses
There are many petty offenses, which are often traffic related. These offenses generally require a court appearance, but if the fine is paid, the offense is complete. These offenses generally only carry a fine as a punishment.

Contact Alvine Weidenaar LLP today and let one of our experienced defense attorneys advise you through this confusing and extremely important time.

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