Our AI identifies evidence that helps establish liability and damages under South Dakota's slight/gross negligence comparative fault system (SDCL § 20-9-2). This unique system bars recovery if the plaintiff's negligence is more than "slight" compared to the defendant's negligence. Our system carefully analyzes medical records to identify evidence that minimizes the plaintiff's negligence while emphasizing the defendant's greater degree of fault. We highlight documentation that can help establish that any plaintiff negligence falls within the "slight" threshold to preserve recovery. This is particularly crucial in South Dakota, as even a finding of moderate comparative negligence could result in a complete bar to recovery, unlike most other states' comparative negligence systems.

Our system identifies evidence that helps support medical malpractice claims under South Dakota law. We help organize evidence needed for expert testimony required by SDCL § 21-1-2.1, which mandates that expert witnesses establish the appropriate standard of care and demonstrate how the healthcare provider deviated from it. Our analysis helps identify documented instances that support these required elements of proof. We also assist with evidence supporting causation and damages, highlighting documentation that demonstrates how the alleged malpractice directly led to the plaintiff's injuries. Additionally, our system helps identify evidence relevant to South Dakota's strict two-year statute of limitations for medical malpractice claims, including documentation that may support exceptions based on the discovery rule in certain circumstances. South Dakota does not have caps on noneconomic damages in medical malpractice cases, so our system helps identify all evidence supporting both economic and noneconomic damages to maximize recovery.

Our AI analyzes medical records to identify key evidence supporting compensability under South Dakota Workers' Compensation Law (SDCL Title 62). We highlight documentation that supports the causal connection between work activities and the injury or illness. The system identifies evidence supporting the "arising out of and in the course of employment" standard required under South Dakota law. We also identify evidence relevant to disability determinations, including temporary total disability, temporary partial disability, and permanent disability, helping establish the nature and extent of work-related impairments according to South Dakota's specific standards. Our analysis assists with documentation related to South Dakota's specific causation requirements, which include the "major contributing cause" standard for injury claims and the stricter standard for occupational disease claims. We help identify evidence that can maximize recovery within South Dakota's benefit structure, including evidence relevant to the state's 156-week limitation on temporary total disability benefits and its specific permanent disability benefit calculation methods.

Yes, our AI helps identify and categorize evidence relevant to South Dakota's damage considerations. While South Dakota does not impose caps on compensatory damages in most personal injury cases, it does place a $1 million cap on noneconomic damages in medical malpractice cases against long-term care facilities. For punitive damages, our system identifies evidence relevant to the "willful, wanton or malicious" conduct standard required under SDCL § 21-3-2, as well as the clear and convincing evidence standard that applies to punitive damage claims. For personal injury claims against government entities, we help organize evidence relevant to South Dakota's sovereign immunity provisions and the limited waiver of immunity under SDCL § 21-32A-1, which caps damages at $800,000 for claims against the state. Our analysis helps categorize medical evidence to maximize recoverable damages within these statutory frameworks, while identifying evidence supporting both economic damages (medical expenses, lost wages) and noneconomic damages (pain and suffering).