South Dakota Traumatic Brain Injury (TBI) Settlement Calculator & Estimate (2026)
See how South Dakota law and this injury's typical severity combine to produce a settlement range.
Estimated Settlement Range
$26,700 – $80,000
Estimate only. Not legal advice. Actual settlement value depends on your specific case facts — consult a licensed workers comp attorney in South Dakota.
How This Estimate Is Calculated
This estimate starts with South Dakota's wage-replacement formula, then applies typical outcomes for Traumatic Brain Injury (TBI) claims.
South Dakota pays 67% of your average weekly wage, up to a maximum of $1091/week. For a Traumatic Brain Injury (TBI) claim, the typical temporary disability period is 20 weeks, with settlement multipliers ranging 2.0x–6.0x. See the full methodology for where this range comes from and what it doesn't include.
Here's the actual math: on a $1,000 average weekly wage, South Dakota's formula puts your weekly benefit at $667. Over the typical 20-week recovery window for Traumatic Brain Injury (TBI), that's $13,334 in wage-replacement before any settlement multiplier is applied. Multiplying that by this injury's typical 2.0x–6.0x range is what produces the $26,700–$80,000 estimate above. Your own number will differ based on your real wage — use the calculator on the homepage to plug in your actual figure.
What This Estimate Doesn't Account For
This is a starting range, not a final number. It doesn't account for your specific impairment rating, whether the insurer disputes the claim, or future medical costs tied to the injury.
Because surgery is a likely part of treatment for Traumatic Brain Injury (TBI), whether it's actually needed in your case is one of the biggest single factors in where your real settlement lands relative to this range.
About Traumatic Brain Injury (TBI) Claims
Traumatic brain injury claims carry some of the highest settlement values in workers comp, reflecting the wide range of severity — from a mild concussion to permanent cognitive impairment.
Common causes: Falls, being struck by objects, vehicle accidents
Surgery likelihood: high
For a deeper look at what specifically drives severity and impairment ratings for this injury — not just how it's calculated in South Dakota — see the full Traumatic Brain Injury (TBI) resource, including how this injury compares across all 50 states.
South Dakota Workers Comp Rules
- Waiting period: 7 days
- Filing deadline: 365 days
- Attorney contingency fee: 25% maximum, up to 35% for cases requiring a court hearing
- State agency: South Dakota Division of Labor & Management
Frequently Asked Questions
How long do I have to file a workers comp claim in South Dakota?
In South Dakota, the filing deadline is 365 days from the date of injury. See the full filing deadline guide for tolling rules and what happens if you miss it.
Do I need a lawyer for a Traumatic Brain Injury (TBI) claim in South Dakota?
Most workers comp attorneys work on contingency (typically 25% maximum, up to 35% for cases requiring a court hearing of the settlement), so there's usually no upfront cost to get a case reviewed.
What can I expect to receive for a Traumatic Brain Injury (TBI) injury in South Dakota?
Estimated range for Traumatic Brain Injury (TBI) in South Dakota: $26,700–$80,000. See the calculation breakdown above for how this was derived.