South Dakota Personal Injury Laws

Medical malpractice claims must be filed within 2 years of the date the alleged malpractice occurred. South Dakota does not apply a discovery rule — the clock starts on the date of the error, not when you learned about it.

Wrongful death actions must be brought within 3 years of the date of death by the personal representative of the deceased person's estate.

Claims against the State of South Dakota must generally be commenced within 1 year. Claims against a municipality must be commenced within 2 years.

South Dakota does not impose a statutory cap on compensatory damages in general personal injury cases.

Punitive damages require clear and convincing evidence of willful, wanton, or malicious conduct. The court must hold a pretrial hearing before a punitive damages claim can proceed to trial.

Defendants who are 50% or more at fault are fully jointly and severally liable. Defendants below 50% fault are liable for no more than twice their proportionate share of fault.

The personal representative of the deceased person's estate may bring a wrongful death suit. Damages may include loss of financial support, loss of companionship, and funeral expenses.