Key facts: South Dakota
- When the clock starts
- Generally the date of injury for personal injury claims; the date of death for wrongful death. South Dakota follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
- Last verified
- 2026-05-22
- Source type
- Primary (state code or court opinion)
Details and exceptions for South Dakota
Three years for both PI (from date of injury) and wrongful death (from date of death). Medical malpractice has a separate two-year deadline under SDCL § 15-2-14.1. Government tort claims notice is required within 180 days.
Related: South Dakota comparative negligence rule
South Dakota follows a slight-gross rule. Unique slight-gross comparative regime: the plaintiff recovers only if contributory negligence is "slight" in comparison with the defendant’s negligence; damages are then reduced proportionally. A qualitative determination by the jury rather than a fixed percentage bar.
Read the full South Dakota comparative negligence rule →This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed South Dakota attorney before relying on it.