South Dakota Personal Injury Statute of Limitations Calculator

South Dakota gives most claims three years — but medical malpractice gets notably less. Pick your claim type below to see your actual deadline.

SDCL § 15-2-14 FigureMyTax Editorial Team Free · no sign-up

When is your filing deadline?

Pick the type of claim and the date of the injury. We'll show the actual South Dakota deadline, in plain terms.

Deadline to file suit
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Injured in South Dakota?

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

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The general rule: three years

Under SDCL § 15-2-14(3), an action for personal injury can be commenced only within three years after the cause of action accrues — the general rule covering most negligence-based injury claims.

Medical malpractice: a genuinely shorter deadline

Medical malpractice claims don't share the general three-year rule. Under SDCL § 15-2-14.1, these claims generally get only two years — a full year less than the general personal injury period, the opposite of what someone might assume.

Property damage: a genuinely longer six years

Property damage claims generally fall under a much longer deadline — six years under SDCL § 15-2-13(4) — double the general personal injury period.

Wrongful death: the same three years

Wrongful death claims generally carry the same three-year deadline from the date of death.

A tolling statute that courts themselves once misread

South Dakota has a genuinely fascinating legal history around one of its own tolling statutes. See our full guide to South Dakota's discovery rule and tolling for the real story.

Government claims: a 180-day notice

Claims against a public entity come with a distinct, much shorter notice requirement. See our full guide to South Dakota government claim deadlines.

South Dakota statute of limitations — frequently asked questions

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

Three years from the date the cause of action accrued, under SDCL 15-2-14(3).

Is medical malpractice treated differently in South Dakota?

Yes, and genuinely shorter. Medical malpractice claims generally get only two years under SDCL 15-2-14.1, one year less than the general personal injury rule.

Is South Dakota's wrongful death deadline also three years?

Yes, generally three years from the date of death.

Does property damage share the same deadline as personal injury in South Dakota?

No. Property damage claims generally get a genuinely longer six-year period under SDCL 15-2-13(4).

What happens if I miss South Dakota's filing deadline?

The court will almost always dismiss the case, and the right to seek compensation is lost permanently, regardless of how strong the underlying claim was.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on South Dakota statute (SDCL § 15-2-13, § 15-2-14, § 15-2-14.1) verified per our methodology. Deadlines can vary based on the specific facts of a claim. Confirm your actual deadline with a licensed South Dakota attorney before acting.