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

On Behalf of | Jul 27, 2021 | Personal Injury

If you have been hurt in an accident in South Dakota, you may be wondering how the state’s laws will affect your personal injury claim.

While the vast majority of personal injury claims are settled via negotiations with the insurance company involved, some do eventually move to litigation. Understanding your time limits can help you avoid a serious mistake.

South Dakota’s statute of limitations for personal injury claims

All personal injury lawsuits are subject to a statute of limitations. This sets the time period within which you can take some form of legal action. In layman’s terms, the statute of limitation sets the deadline for suing the at-fault party for damages. The idea is to limit the amount of time anybody has to be looking over their shoulder for a lawsuit and make sure that evidence in a case is still reasonably fresh when a case comes to trial. 

Under the South Dakota statute of limitations for personal injury, you have three years from the date of the accident to file your lawsuit. While there are some exceptions (such as when you need to sue a government entity), that’s the rule for most injury claims. 

What happens if you seek compensation after the statute of limitations expires?

If you sue the at-fault party after time has run out on the statute of limitations, your claim will almost certainly be thrown out — no matter how valid. That leaves you shouldering the financial burden of your losses alone. 

Being involved in a serious accident can significantly impact your life. Knowing how to protect your interests when you’re injured and trying to recover isn’t easy. Working with an experienced advocate can help.