Home › Personal Injury Laws by State › South Dakota Personal Injury Laws

South Dakota generally requires most personal injury lawsuits based on negligence to be filed within three years after the claim accrues. Shorter periods apply to some kinds of claims, including medical malpractice claims, and claims against governmental entities involve additional notice requirements. This page cannot determine which deadline applies to any particular situation; only a licensed South Dakota attorney reviewing the facts can do that.

South Dakota generally follows an at-fault system for motor-vehicle injury claims. Liability ordinarily depends on who caused the collision. The compensation available in any particular matter generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

South Dakota follows a shared-fault rule that is unique among the states. In general terms, a person who shares fault for their own injury may recover compensation, reduced in proportion to their share of fault, only when their own negligence was slight in comparison with the negligence of the party from whom recovery is sought; when their negligence was more than slight, recovery is generally barred. Because these terms are qualitative rather than fixed percentages, whether and how they apply in any particular matter depends on its facts and may have to be determined by a court of law.

South Dakota generally requires vehicle owners to maintain liability insurance that meets minimum requirements established by state law. South Dakota policies generally must also include uninsured and underinsured motorist coverage under state law. The coverage available in any particular situation depends on the policies involved and current law.

South Dakota does not impose a general cap on compensatory damages in most personal injury cases, but state law does limit non-economic damages in medical malpractice claims. Special rules also apply to claims involving governmental entities. Because these provisions and amounts may change, this page does not state a dollar figure or determine whether any limit applies to a particular matter.

South Dakota personal injury lawsuits may be filed in the state's circuit courts, which have general civil jurisdiction, with magistrate courts and small claims procedures handling some more limited matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed South Dakota attorney can evaluate.

A licensed South Dakota attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the South Dakota communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.