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South Dakota · Car accident claims: what to do next

Car accident claims: what to do next in South Dakota

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Filing deadline3 years from accident dateSDCL § 15-2-14

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in South Dakota?

3-year statute of limitations for personal injury under SDCL § 15-2-14. South Dakota uses a modified comparative negligence system with a 51% bar and a unique "slight-gross" modification, meaning the plaintiff's negligence must be "slight" in comparison to the defendant's "gross" negligence. A lawyer can confirm yours.

3 years from accident date

Source: SDCL § 15-2-14

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

South Dakota follows an at-fault system with a unique "slight-gross" comparative negligence modification under the 51% bar rule. Under this doctrine, the plaintiff's negligence must be "slight" compared to the defendant's "gross" negligence for recovery to be permitted. The 3-year statute of limitations under SDCL § 15-2-14 and minimum insurance of 25/50/25 apply. Rural highway conditions, wildlife crossings, and severe weather contribute to the state's accident profile.

Medical facilities in South Dakota

  • Sanford USD Medical Center — Level II Trauma Center

How this works nationally

For the overall process and updates, read the Car accident claims: what to do next overview. This page covers the local information available for South Dakota.

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in South Dakota? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. SDCL § 15-2-14