South Dakota Personal Injury Settlement Value Calculator

South Dakota is the only state using a "slight/gross" fault standard — no percentage cutoff, just whether your own fault was slight compared to the other side's. Its malpractice cap, meanwhile, hasn't moved a dollar since 1976. Enter your numbers below for a real estimate.

Only state with slight/gross fault FigureMyTax Editorial Team Free · no sign-up

What is your claim worth?

Enter your actual costs, pick how serious the injury was, and tell us about your own role in what happened.

$
$
Estimated settlement range
—
What would you actually keep? →
Injured in South Dakota?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a South Dakota attorney

How this estimate is built

Your medical expenses and lost wages are your economic damages. We apply the multiplier method, the industry-standard approach, to estimate noneconomic damages — then apply South Dakota's unusual fault rule and, for malpractice claims, its cap.

The only state with a "slight/gross" standard

Under SDCL § 20-9-2, South Dakota is the only state in the country that doesn't use a percentage threshold for comparative fault. Instead, a claimant's own negligence bars recovery entirely unless it was "slight" compared with the defendant's "gross" negligence — a qualitative comparison the jury makes, not a number. South Dakota courts have treated roughly 10–20% fault as "slight" in some cases, while fault around 30% or more has been found "more than slight" as a matter of law in others, barring recovery outright.

No disclosed percentage to the jury

A 1998 amendment to the statute added a genuinely distinctive procedural rule: the jury's determination of whether fault was "slight" must be made without disclosing any specific percentage breakdown through a special interrogatory. The jury decides the slight/gross question directly, rather than first finding a percentage and then characterizing it.

A malpractice cap frozen since 1976

South Dakota caps noneconomic damages in medical malpractice cases at $500,000 under SDCL § 21-3-11 — a figure the South Dakota Supreme Court has upheld as constitutional. Unlike most state caps, this one has never been adjusted for inflation since it was enacted in 1976; adjusted for inflation, it would be worth more than $2 million today. Economic (special) damages carry no limit at all.

South Dakota settlement value — frequently asked questions

Does South Dakota use a percentage fault threshold like most states?

No. South Dakota is the only state using a slight/gross comparative negligence standard — recovery is barred unless the claimant's own negligence was "slight" compared to the defendant's "gross" negligence, a qualitative comparison rather than a percentage cutoff.

What fault level counts as "slight" in South Dakota?

There's no bright-line percentage. South Dakota courts have treated roughly 10-20% fault as slight in some cases, while fault around 30% or more has been found more than slight as a matter of law in others — it's ultimately a jury determination.

What is South Dakota's medical malpractice damages cap?

$500,000 on noneconomic damages under SDCL 21-3-11 — a flat figure set in 1976 that has never been adjusted for inflation. There is no limit on economic (special) damages.

Does South Dakota disclose the exact fault percentage to the jury in a slight/gross case?

No — a 1998 statutory amendment specifically requires that the determination of whether fault was slight be made without disclosing any percentage breakdown through a special interrogatory.

Is this South Dakota settlement value estimate a guarantee of what I'll receive?

No. It's an estimate based on the multiplier method commonly used across the industry. Actual settlements depend on liability, insurance policy limits, evidence, and negotiation, and can vary significantly.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on the multiplier method commonly used across the personal injury industry, SDCL § 20-9-2, and SDCL § 21-3-11, verified per our methodology. South Dakota's slight/gross standard is a qualitative, case-specific determination — confirm what your specific claim is worth with a licensed South Dakota attorney before acting.