When someone else’s careless actions leave you injured, your right to fair compensation isn’t automatic—you must prove that the other party is liable for your injuries as well as what those injuries are. Importantly, you have a limited time to commence an action to seek compensation for a personal injury. South Dakota’s personal injury laws set strict deadlines, known as statutes of limitations (or statutes of repose), that determine how long you have to take legal action. Missing that deadline results in your claim being barred and forfeiting the compensation you may have been legally entitled to—whether it’s for medical bills, lost income, or the long-term impact of your injuries.
At Thomas Braun Bernard & Burke, LLP, we help injury victims in Rapid City and throughout South Dakota take action before time runs out. Our team is here to ensure that you don’t miss critical filing deadlines or overlook key opportunities to hold the responsible party accountable. Contact us today for the guidance and advocacy you need to pursue what you are owed.
The South Dakota Personal Injury Statutes of Limitation: Your Time Limit to File
In South Dakota, most personal injury lawsuits must be filed within three years from the date the injury occurred. This statute of limitations typically applies to cases involving car accidents, slip and falls, dog bites, and other injuries caused by someone else’s negligence. If you don’t commence a lawsuit within that time, your case may be dismissed, and your chance to recover damages for your medical expenses, lost income, or pain and suffering may be lost.
Important Note: The 3-Year Rule Does Not Apply to All Injury Claims
Although many personal injuries must be commenced within three years, the three-year timeline doesn’t apply in every case. There are different statutes of limitation (or statutes of repose) depending on the type of claim and/or the type of party at-fault. As just a couple of examples, medical malpractice claims are subject to a two-year statute of limitations, claims against a municipality for personal injury must be commenced within two years, and claims for torts against the State must be commenced within one year.
In addition, certain claims require an extra time-sensitive step that must be completed in advance of commencing any lawsuit. In South Dakota, you cannot pursue a claim against a public entity (e.g. the State and its agencies, boards and commissions; municipalities; counties; school districts; townships; and sewer and irrigation districts) or its employees unless written notice of the time, place, and cause of the injury is given to the public entity within one hundred eighty (180) days of the injury. And, there is a statute specifying to whom such written notice must be given. If such notice is not timely submitted, your claim will be barred.
Don’t assume that your injury claim will be subject to a three-year statute of limitations. Instead, talk with an attorney to confirm the applicable statute of limitations and/or statute of repose. Additionally, even if you believe you have plenty of time, waiting can put your case at a disadvantage. Physical evidence can be lost, witnesses may become harder to locate, and insurance companies may use any delay against you. The sooner you act, the better your chances of building a strong case and securing the compensation you deserve.
South Dakota's Unique Comparative Negligence Rule
South Dakota’s comparative negligence rule is uniquely different from other states. Under this rule, if negligence on your part contributed to the accident, the key consideration is whether your negligence was more than “slight” when compared to the negligence of the other party:
- If your negligence was more than “slight,” you may not recover any damages from the other party–even if he/she was, without question, primarily at fault.
- If your negligence was “slight” or less than “slight,” you are not barred from recovering, but the jury must reduce your damages in proportion to the amount of your contributory negligence.
This system differs from standard comparative negligence models, where the injured party’s damages are simply reduced based on his/her portion of fault. Instead, under South Dakota law, even a small amount of blame (i.e., more than “slight” negligence on your part) can completely block recovery.
South Dakota’s comparative negligence rule can have harsh results. That’s why having a legal team that understands how to interpret and apply this unique rule is critical when pursuing a personal injury claim in South Dakota.
Proving Negligence in a South Dakota Personal Injury Case
Proving negligence is at the heart of any personal injury claim in South Dakota, and it requires more than just showing that someone made a mistake. You need to demonstrate that the other party had a legal duty, that they breached that duty (i.e. failed to use reasonable care), that their actions caused your injuries, and the nature and extent of your injuries. This process can be difficult to navigate, especially when you’re dealing with physical pain, emotional stress, or financial strain after an accident. An experienced personal injury attorney can guide you through the legal process, helping you gather the right evidence, interpret the law, and build a case that tells your story.
To prove negligence in a South Dakota personal injury case, you need to establish:
- Duty: The defendant had a legal responsibility to act with reasonable care
- Breach: They failed to meet that responsibility
- Causation: Their failure caused your injuries and damages
- Damages: The nature, extent, and amount of your damages
A personal injury attorney can also help you pursue the full value of your claim, not just the obvious medical bills or property damage, but the future impact as well. That might include long-term medical care, missed work, lost earning potential, and even the cost of therapy or mobility aids. At Thomas Braun Bernard & Burke, LLP, our attorneys also know how to investigate if more than one party shares responsibility, which can make a meaningful difference in your compensation.
Common Personal Injury Cases Affected by These Laws
Personal injury laws in South Dakota apply to a wide range of accidents and incidents where someone is harmed due to another’s carelessness or recklessness. If you or someone you love has been injured, we know the impact can be life-altering. Common personal injury cases affected by these laws include:
- Car, motorcycle, and truck accidents
- Slip and fall or premises liability incidents
- Dog bites or animal attacks
- Wrongful death
- Workplace injuries caused by a third-party (i.e., a party not associated with the employer)
- Defective product injuries
At Thomas Braun Bernard & Burke, LLP, we are honored to stand with individuals and families during some of their hardest moments, working to help them find justice, stability, and hope for what lies ahead. Each case is personal, and we take great pride in helping injured South Dakotans get their lives back on track after an injury and move toward a brighter future.
Don't Miss Deadlines or Lose Compensation: Consult a Rapid City Personal Injury Lawyer
If you’ve been injured due to someone else’s actions, you should act promptly. South Dakota’s statutes of limitation may seem generous, but time passes quickly, especially when you’re dealing with medical appointments, insurance companies, or time away from work. Waiting too long to speak with a lawyer can mean potentially losing your ability to seek the compensation you’re entitled to for the harm you’ve suffered.
At Thomas Braun Bernard & Burke, LLP, we’re here to help you take the right steps without delay. We understand what’s at stake, and we’re committed to helping you protect your rights, build a strong case, and pursue the full value of your claim. Don’t let a legal deadline stand between you and the justice you deserve. Contact Thomas Braun Bernard & Burke, LLP today.
