Statute of limitations varies from state to state regarding the many types of fatal accidents. The last thing you want to do as the family of a victim of an accidental fatality is miss your opportunity to file a lawsuit.
Here are some important facts to know about South Dakota’s statute of limitations and time limits for filing a lawsuit:
- Negligence - 3yrs after suffering injury from date when plaintiff knows, or by the exercise of reasonable diligence should know, that he has been injured, and someone else proximately caused his injury.
- Medical Malpractice – Against health care providers = within 2 yrs. of date of injury. Minors (under 6 yrs. old) = 2 yrs. after turning 6 yrs. old; Minors (6 yrs. old and older) = must file within 3 yrs. of date of act giving rise to the injury.
- Product Liability – 3yrs after suffering injury or date injury was or should’ve been found
- Wrongful Death – med. mal cases=2yrs of (D.O.D) others=3yrs (D.O.D)
- Survival – 2 years of date of injury
Caps on Lawyers Awards – No limitations
Caps on Damage Awards
Medical Malpractice – Cap on medical malpractice damages under South Dakota statute limits to $1,000,000 all damages arising out of an act of medical malpractice and does not apply separately to each individual cause of action, such as actions for loss of consortium and emotional distress in addition to action for damages on the behalf of patient
Product Liability – $1 million dollars limitation on all damages
Pharmaceutical cases - $1 million dollars limitation on all damages
South Dakota 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
South Dakota Department of Public Safety
118 West Capitol Ave
Pierre, Dakota 57501
South Dakota Trial Lawyers Association
PO Box 1154
Pierre, SD 57501