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South Dakota · NEC baby formula claims: what parents can do

NEC baby formula claims: what parents can do in South Dakota

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Filing deadlineAge 19 for surviving minor's personal injury claim; 3 years from death for wrongful deathSDCL § 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?

South Dakota personal injury SOL: 3 years (SDCL § 15-2-14). Minor tolling: SOL tolled during minority, but for no more than 1 year after age 18 — child's claim expires at age 19 (SDCL § 15-2-22). Wrongful death: 3 years from death (SDCL § 21-5-3). A lawyer can confirm yours.

Age 19 for surviving minor's personal injury claim; 3 years from death for wrongful death

South Dakota follows modified comparative fault — 51% bar. Discovery rule recognized.

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's 3-year personal injury SOL is tolled for minors, but for no more than 1 year after age 18 — surviving NEC children have until age 19 to file. Sanford Children's Hospital in Sioux Falls is the state's primary Level III NICU serving South Dakota and neighboring states. South Dakota follows modified comparative fault with a 51% bar.

Medical facilities in South Dakota

  • Sanford Children's Hospital — NICU (Level III)

How this works nationally

For the overall process and updates, read the NEC baby formula claims: what parents can do 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