Deadlines to File an Injury Lawsuit in South Dakota
How long you have to sue in South Dakota for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: Three years for an action for personal injury. Libel, slander, assault, battery and false imprisonment have a two-year deadline. S.D. Codified Laws §§ 15-2-14(3), 15-2-15(1)
| Deadline to sue for an injury | Three years for an action for personal injury. Libel, slander, assault, battery and false imprisonment have a two-year deadline. |
|---|---|
| Deadline to sue for property damage | Six years for taking, detaining or injuring goods or personal property (such as a car), and six years for trespass on real property. |
| Medical malpractice deadline | Two years after the alleged malpractice, error, mistake or failure to cure occurred. The statute counts from the date of the malpractice and does not contain a discovery rule. Source: S.D. Codified Laws § 15-2-14.1 |
| Wrongful death deadline | Three years after the death. Source: S.D. Codified Laws § 21-5-3 |
| Suing the government | No lawsuit for personal injury, property damage or death caused by a public entity or its employees may proceed unless written notice of the time, place and cause of the injury is given within 180 days after the injury. Notice goes to the attorney general and the commissioner of human resources and administration for the state, the county auditor for a county, the mayor or city finance officer for a city, the superintendent for a school district, or the chief executive officer or secretary of the governing board for other entities. The notice does not extend the deadline for filing suit. Punitive damages may not be recovered through the state's public entity liability pool. |
More South Dakota personal injury & wrongful death
- Wrongful Death Lawsuits in South Dakota
- Medical Malpractice Rules in South Dakota
- Car Accident Claims in South Dakota
- Dog Bite Liability in South Dakota
- Slip, Trip and Fall Injuries in South Dakota
- Sidewalk and Public Property Falls in South Dakota
- Motorcycle Accident Claims in South Dakota
- Pedestrian Accident Claims in South Dakota
- Bicycle Accident Claims in South Dakota
- Uber and Lyft Accident Claims in South Dakota
- Truck Accident Claims in South Dakota
- Construction Site Injuries in South Dakota
- All South Dakota personal injury & wrongful death rules
FAQ
What is the statute of limitations for personal injury in South Dakota?
Three years for an action for personal injury. Libel, slander, assault, battery and false imprisonment have a two-year deadline.
How long do you have to sue for property damage in South Dakota?
Six years for taking, detaining or injuring goods or personal property (such as a car), and six years for trespass on real property.
What is the statute of limitations for medical malpractice in South Dakota?
Two years after the alleged malpractice, error, mistake or failure to cure occurred. The statute counts from the date of the malpractice and does not contain a discovery rule.
How long do you have to file a wrongful death lawsuit in South Dakota?
Three years after the death.
How do you file an injury claim against the government in South Dakota?
No lawsuit for personal injury, property damage or death caused by a public entity or its employees may proceed unless written notice of the time, place and cause of the injury is given within 180 days after the injury. Notice goes to the attorney general and the commissioner of human resources and administration for the state, the county auditor for a county, the mayor or city finance officer for a city, the superintendent for a school district, or the chief executive officer or secretary of the governing board for other entities. The notice does not extend the deadline for filing suit. Punitive damages may not be recovered through the state's public entity liability pool.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.