Attorney David J. King


How long do you have to file an injury lawsuit in South Dakota? 

On Behalf of | Sep 14, 2022 | Car Accidents

A car accident can leave you confused, shocked and physically hurt. The good news, however, is if the accident was someone else’s fault, then you can sue them for your resulting economic and non-economic damages. 

If you sustain an injury as a result of another party’s actions, you might be wondering how South Dakota laws will impact your personal injury claim. 

The statute of limitations controls the time limits of a case

All civil and criminal lawsuits are subject to a statute of limitations. Basically, this is the timeframe within which the plaintiff must file a claim against the liable party. 

In South Dakota, the statute of limitations for personal injury claims is three years. This means that you have three years from the date of the accident that resulted in your injury to file a lawsuit for damages. 

In many cases, car accident claims are resolved through negotiations long before the statute of limitations is up – but it’s wise to keep this limit in mind as you proceed.

What happens if the statute of limitations expires?

If you file your claim after the end of the statute of limitations period, your claim will most likely be permanently barred. This means that you will have to manage the cost of treatment for your injuries as well as other damages on your own. 

That being said, there are instances when the statute of limitations period can be extended. These include situations where the plaintiff is a minor or is mentally ill. 

Time is a crucial factor in determining the outcome of your personal injury claim. Find out how you can protect your rights and interests while pursuing a personal injury claim.