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South Dakota Personal Injury Laws

South Dakota Personal Injury Laws

In This Section:

South Dakota personal injury laws vary from other state’s laws. Below are the most common personal injury laws in the state of South Dakota. Understanding your compensation rights and getting the help of a South Dakota attorney is your first step towards filing a successful South Dakota personal injury claim.

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South Dakota Statute of Limitations

(How long do I have to file claims in South Dakota?)

The South Dakota statute of limitations for filing personal injury claims is 3 years. South Dakota’s medical malpractice statute of limitations is 2 years. Product liability claims in South Dakota must be filed within 3 years from the date of injury or 3 years from the date of reasonable discovery. These statutes for South Dakota claims are subject to change, contact a South Dakota injury attorney for definitive statutes at the time of your accident or injury.

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Car Accidents in South Dakota?

South Dakota = Fault State
South Dakota is a fault-based state. Fault based states allow the insurance companies to determine who is at fault for an accident and require the guilty party’s insurance company to pay for damages. To recover compensation after a car accident you may receive compensation from your insurance company (who is then paid by the guilty driver’s insurance company), the other driver’s insurance company, or you may file a lawsuit to seek compensation for damages of lost wages, medical expenses and property damage.

South Dakota is a Pure Comparative Fault State

South Dakota is one of 13 states which uses the pure comparative fault rule. Under this system any party can recover damages for their injuries even if they are 99% at fault, although compensation is adjusted per degree of fault. A South Dakota injury attorney can help you understand the details of comparative negligence.

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Are there Damage Caps in South Dakota Injury Law?

(How much compensation can I get?)
Under South Dakota’s Noneconomic Damages Reform: S.D. Codified Laws § 21-3-11, compensation for noneconomic damages in medical malpractice cases cannot exceed $500,000.Laws are subject to change; talk to a injury lawyer.

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