South Dakota Statute of Limitations Calculator

Rules cited to South Dakota’s statutes and case lawRules checked How we calculate

Fault ruleSlight/gross negligenceYou recover only if your fault was slight compared with the other party’s. The award is cut by your share.S.D. Codified Laws § 20-9-2
Filing deadline3 yearsPersonal injury. Wrongful death: 3 years.S.D. Codified Laws § 15-2-14
Minimum insurance25/50/25Per person, per crash, property. South Dakota is an at-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

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Your estimateSouth Dakota · Filing deadline
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Enter the date of the injury and this calculator works out the last day to file an injury lawsuit in South Dakota. It uses South Dakota’s general three-year deadline and the three-year wrongful death deadline.

The date it gives is the general rule. Exceptions can pause or shorten the clock, and claims against government agencies need notice far sooner. If your date is close, call a lawyer this week.

South Dakota filing deadlines

Personal injury. The general deadline is three years from the date of the injury.

Wrongful death. Families usually have three years, counted from the date of death.

Minors. Most states pause the deadline for an injured child until the child turns 18, though medical malpractice and government claims often follow shorter rules. Check how this applies before relying on it.

Government claims. A claim against a city, county, school district or state agency usually requires a written notice of claim within months, long before the lawsuit deadline.

South Dakota filing deadline questions

What is the statute of limitations for personal injury in South Dakota?

three years from the date of the injury (S.D. Codified Laws § 15-2-14).

Is the deadline different for car accidents in South Dakota?

No. Car accident injury claims follow the same three years deadline.

How long do I have to file a wrongful death claim in South Dakota?

Usually three years from the date of death.

What happens if I miss the deadline?

The court will almost always dismiss the case, and the insurer no longer has a reason to settle. A few exceptions can pause the clock, such as the injured person being a minor, so talk to a lawyer quickly if the date is close or has passed.