SD·State Guide
Personal Injury Law in South Dakota
Key rules for personal injury claims in South Dakota — statute of limitations, fault system, damage caps, insurance requirements, and government claim deadlines.
Key Points — South Dakota
- 01Modified comparative fault — barred at 51%+ fault
- 023-year statute of limitations
- 03No caps on damages
- 04180-day government notice deadline
Rules at a Glance
- Statute of Limitations
- 3 years from the date of injury
- Fault System
- Modified comparative fault (51% bar) — South Dakota bars recovery if the injured person is 51% or more at fault.
- Damage Caps
- No general cap on damages.
- Government Notice Deadline
- Written notice within 180 days for claims against government entities.
- Auto Insurance System
- At-fault state.
- Minimum Liability Coverage
- 25/50/25.
- Workers' Comp Deadline
- Report within 3 business days. File claim within 2 years.
Fault System in South Dakota
South Dakota bars recovery if the injured person is 51% or more at fault.
Auto Insurance in South Dakota
At-fault state.
Minimum required liability coverage: 25/50/25..
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.