Disclaimer: This article offers general information only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
In South Dakota, you generally have two years from the date of an accident to file a personal injury lawsuit. This deadline is set by South Dakota Codified Laws § 15-2-14, which states that actions for injuries to the person must be commenced within two years. See SDCL 15-2-14.
The two-year period typically begins on the date you suffered physical harm or when the injury was discovered. If you delayed discovering an injury—such as a latent back injury from a car collision—South Dakota courts may apply the “discovery rule,” allowing the clock to start when you reasonably knew or should have known about the harm.
Certain circumstances can extend or shorten this deadline:
- Minors or incapacitated persons: If the injured party is under 18 or mentally incapacitated, the two-year period may be tolled until the disability ends or the person turns 18.
- Claims against government entities: If your claim involves a state or local government, you often must file a notice of claim within 180 days of the injury. Missing this shorter deadline can bar your lawsuit entirely.
- Medical malpractice: Though still two years, medical malpractice claims must also meet special notice requirements under SDCL 15-36A-1.
Failing to file within the applicable period usually results in the court dismissing your case. To protect your rights, start the process well before the deadline.
Helpful Hints
- Mark the accident date and review your calendar to ensure timely filing.
- Gather medical records early to identify any delayed symptoms.
- Consult an attorney promptly if you plan to sue a government agency.
- Keep a detailed incident log with dates, photos, and witness contacts.
- Ask your lawyer about exceptions that might extend your deadline.