Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

A South Dakota family has three years, but two special rules can shorten that.

Three years from death

Every action for wrongful death must be commenced within three years after the death.

Compared with an injury claim

Ordinary personal injury actions also have three years after the cause of action accrued.

Malpractice

A malpractice action can be commenced only within two years after the alleged malpractice occurred. Whether that two-year rule or the wrongful death statute governs a malpractice death is a question to put to an attorney.

Public entities

Written notice of the time, place and cause of the injury must be given within 180 days, and the notice does not toll the limitation period.

State liability

The state waives sovereign immunity only to the extent of liability insurance it purchases.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how South Dakota's rules apply to your specific case with a licensed South Dakota attorney.