South Dakota Workers' Compensation Lawyers

Bret Merkle has been representing injured people since 1991. Bret is a trial attorney specializing in the area of bodily injury and insurance claims. He graduated with a law degree and an MBA degree, and is a staff instructor with the Gerry Spence Trial Lawyers College. Bret has obtained justice for his clients through negotiated settlements, mediation, arbitration, court trials and jury trials for hundreds of people over the years. Bret and his staff are personable and easy to work relieving the stress from tragic accidents and losses.

Kristi has been with Davenport Evans since 1995. Her practice is focused upon representing employers and insurers in all stages of workers’ compensation and employment matters. She regularly provides advice to clients on compensability issues and defenses involved with workers’ compensation claims before litigation is commenced, but also continues to assist them by defending litigated claims before the Department of Labor and on appeal. Employers also look to her for guidance and the aggressive defense of Title VII cases involving claims of harassment and discrimination, claims involving other laws that impact employers, such as the ADA and FMLA, as well...

Don McCarty is a native of Wakonda, SD and received his juris doctor from the University of South Dakota (USD) in 1996. He joined the firm shortly after graduation and became a partner in 2001. Don’s general practice includes criminal law, family law and divorce, personal injury, worker’s compensation, business law and Social Security Disability. Don serves as a member of the South Dakota Army National Guard. He and his wife, Ann, have a daughter and son.

Justin Clarke is a litigation attorney at Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, SD. An Estelline, SD native, Justin joined the firm in 2010 and is a partner in the firm’s litigation section. Justin’s practice focuses on insurance defense, commercial and complex litigation, and trust litigation. Justin graduated from the University of Kansas School of Law in 2010. While in law school, he served as a staff editor for the Kansas Journal of Law and Public Policy and participated in KU Law’s Moot Court competition. When Justin isn’t working, he enjoys spending time with his family and...

Russ Janklow specializes in personal injury and civil litigation, wherein he has tried over 100 jury trials in South Dakota, including several appearances before the South Dakota Supreme Court. Russ has been distinguished as one of the top personal injury trial attorneys in South Dakota and has repeatedly been acknowledged by his peers for his personal approach, diverse skills and his outstanding accomplishments. A tenacious litigator, Russ is recognized annually by Best Lawyers in America, a recognition he’s received since 2010. He was also awarded the “2014 Lawyer of the Year” in Sioux Falls for plaintiffs’ personal injury litigation, an...

Mark J. Welter was born and raised in Yankton, South Dakota; and Mark has lived in South Dakota his whole life. Mark earned a business degree at the University of South Dakota, and his law degree at the University of South Dakota School of Law. Mark then worked two years as a law clerk for John B. Jones, U.S. District Judge, District South Dakota, Southern Division. Mark then worked for 15 years as an insurance defense personal injury trial lawyer and worker’s compensation lawyer for Woods, Fuller, Schultz & Smith P.C. in Sioux Falls, defending clients against...