South Dakota Statute of Limitations for Personal Injury
In South Dakota, the statute of limitations for personal injury is 3 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 3 years from accrual.
- Statute: S.D. Codified Laws § 15-2-14.
- Accrues on the date of injury.
What are personal injury claims?
Claims for physical or emotional harm caused by another person's negligence or intentional act.
Details
Accrues on the date of injury.
General South Dakota Rules
South Dakota provides 6 years for contract and property claims, and 3 years for personal injury. Medical malpractice has a shorter 2-year period. The discovery rule applies to medical malpractice and fraud claims.
Other Statutes of Limitations in South Dakota
Personal Injury in Other States
Frequently Asked Questions
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What is the statute of limitations for personal injury in South Dakota?
The statute of limitations for personal injury in South Dakota is 3 years. Citation: S.D. Codified Laws § 15-2-14.
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When does the clock start for personal injury in South Dakota?
Accrues on the date of injury.
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Can the statute of limitations for personal injury be extended in South Dakota?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.