How long do you have to sue after an injury in South Dakota?

Last checked November 8, 2026

In South Dakota you generally have 3 years from the date of your injury to file a lawsuit, under SDCL § 15-2-14(3). If a city, county or the state is responsible, the deadline can be much shorter: 180 days.

Calculate your deadline

South Dakota injury deadlines at a glance

SituationDeadlineLaw
Most injuries, including car accidents3 yearsSDCL § 15-2-14(3)
Wrongful death3 yearsSDCL § 21-5-3
Claim against the government (Public entities)180 daysSDCL § 3-21-2

What the law says

“can be commenced only within three years after the cause of action shall have accrued: [...] (3) An action for personal injury.”

SDCL § 15-2-14(3)

“unless written notice of the time, place, and cause of the injury is given to the public entity as provided by this chapter within one hundred eighty days after the injury.”

SDCL § 3-21-2

When does the clock start?

Usually on the day you were hurt. In South Dakota, SDCL § 15-2-14(3) sets the period. If an injury was discovered later, or the injured person is a minor, the date can change. Confirm it with a lawyer.

What does not stop the clock

Talking to an adjuster, having an open insurance claim or still being in treatment usually does not stop the deadline to sue. Filing the lawsuit on time or reaching a settlement does.

What happens if you miss it?

Usually the court dismisses the case and you lose the right to be paid, even if your claim is strong. That is why it helps to talk to a lawyer well before the date.

See if you are owed money

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Other states with the same deadline

Sources

  1. SDCL § 15-2-14(3), Official text, 2026-11-08
  2. SDCL § 21-5-3, Official text, 2026-11-08
  3. SDCL § 3-21-2, Official text, 2026-11-08

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