What happens if I do not settle my personal injury claim before the statute of limitations?

Short answer: In South Dakota, if you do not file a lawsuit before the statute of limitations expires, you generally lose the right to have a court decide your personal injury claim. That means the defendant can ask the court to dismiss your case as time-barred, and you will likely be barred from recovering money later.

Detailed answer — how the deadline works in South Dakota

South Dakota sets time limits for bringing legal claims called statutes of limitation. For most ordinary personal injury claims (slip-and-fall, car crashes, assault, and similar torts), South Dakota uses a three-year limitations period. See the South Dakota statutes governing limitations on civil actions (chapter 15-2). For a direct reference, see SDCL § 15-2-14 and related provisions on the South Dakota Legislature website: SDCL § 15-2-14.

How the clock usually runs

• The clock normally starts on the date of the injury or the date the tortious act occurred.
• If you do not start a court case (file a complaint) before the deadline, a defendant can move to have your case dismissed as time-barred.

Common exceptions and special rules

• Discovery rule / latent injuries: If the injury or its cause was not reasonably discoverable at the time it occurred, courts may apply a discovery rule that delays the start of the statute of limitations until the injured person knew or reasonably should have known about the injury. Whether the discovery rule applies depends on the facts and South Dakota case law.
• Claims involving minors or incapacitated people: If the injured person is a minor or legally incapacitated, the statute is often tolled (paused) while that condition continues. That can extend the deadline after the minor turns 18 or after incapacity ends.
• Claims against the state or local government: Suits against the State of South Dakota or certain local entities often require a short notice period or special administrative steps before filing suit (for example, a notice-of-claim requirement). See SDCL chapter 3-21 for state claims procedure: SDCL § 3-21-2.
• Medical malpractice and other specialized claims: Some claims (including certain medical malpractice matters) have special limitations or discovery rules. Always check the specific statute that applies to your claim.

Practical consequences of missing the deadline

• If you miss the statute of limitations, a court will likely dismiss your lawsuit if the defendant raises the time bar. That dismissal typically ends your ability to recover through litigation.
• Even if a defendant or insurer offers to settle after the limitations period, you cannot force a settlement in court—any recovery depends entirely on the defendant’s willingness to pay. The defendant has strong leverage because the legal remedy is otherwise unavailable to you.
• Missing the deadline can also affect insurance claims or workers’ compensation matters in different ways; deadlines and procedures vary by type of claim and insurer policy.

What you can do now — steps to protect your claim

1. Calculate the deadline: Start by identifying the date of the accident or injury and add the applicable limitations period (usually three years for routine personal injury claims in South Dakota). If the deadline is near, act immediately.
2. File a complaint before the deadline: If settlement talks are ongoing but the statute is about to run, file a lawsuit (or ask an attorney to file one) to preserve your right to sue. Filing puts the litigation clock on hold while you continue settlement negotiations.
3. Consider a tolling or extension agreement: Parties can agree in writing to extend the deadlines while they negotiate. Do not rely on verbal promises — get any tolling agreement in writing and reviewed by an attorney.
4. Preserve evidence and documents: Keep photos, medical records, witness contact info, receipts, and any communications with the other party or an insurer.
5. Notify relevant insurers and follow notice rules for government claims: If your claim implicates a government entity, serve any required administrative notice promptly and follow the specific statutory procedures.
6. Talk to an attorney promptly: An attorney can confirm the correct deadline for your specific claim, identify potential tolling rules or exceptions (discovery rule, minor/incapacity tolling, continuing torts), and file suit or a tolling agreement if needed.

Examples (hypothetical)

Example 1 — Car crash: You are hurt on June 1, 2022. For a routine auto tort in South Dakota, the three-year limitations period means you should file a complaint by June 1, 2025, unless an exception applies. If settlement talks are ongoing in May 2025 and the insurer stalls, filing suit in May 2025 preserves your right to recover later.

Example 2 — Latent injury: You are exposed to a harmful chemical in 2018 but do not learn of resulting harm until 2022. A court may apply the discovery rule so the statute runs from when you discovered (or should have discovered) the injury rather than the 2018 exposure date.

Helpful Hints

• Don’t wait for a settlement to be final if the statute is about to run — file a complaint to preserve your rights.
• Ask for a written tolling agreement if you and the other side want more time to negotiate.
• Check whether your claim involves a government defendant or special statute (e.g., medical malpractice), which may have different deadlines or notice requirements.
• Keep thorough records: medical bills, photos, witness names, police reports, and insurer correspondence help prove your claim and support any discovery-rule arguments.
• Get legal help early — many personal injury attorneys work on contingency and can advise whether your claim is time-barred or salvageable.
• Do not rely solely on an insurer’s statements about deadlines — verify critical dates yourself and with an attorney.

Disclaimer: This article explains general principles of South Dakota law and is for educational purposes only. It is not legal advice, and it does not create an attorney-client relationship. For advice about your specific situation and the precise deadlines that apply to your claim, consult a licensed South Dakota attorney promptly.