South Dakota Statute of Limitations
Except in cases of medical malpractice, wrongful death actions must be filed within in three years of the date of death. In cases where the action is based upon medical malpractice, suit must be filed within two years of the date of death.
Personal Injury Actions
Personal injury actions must be brought within three years of the date that the injury occurred.
Medical Malpractice Actions
Actions against health care providers must be filed within two years of the date that the act giving rise to the injury occurred. The minority rules apply with regard to medical malpractice claims.
Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury or within three years of the date the injury was, or should have been, discovered.
Special Rules for Minors
Except in cases of medical malpractice or wrongful death, the statute of limitations is tolled until the minor’s 18th birthday, but an action cannot be brought more than one year after the minor’s 18th birthday.
A workers' compensation claim must be filed within two years from the date the employer/insurer notifies the employee and the South Dakota Department of Labor, in writing, of the denial of a claim, in whole or in part.
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Note: Our attorneys are licensed to practice law in Pennsylvania, West Virginia, Ohio, Maryland, and Virginia. This information is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, although if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.