South Dakota at a glance
South Dakota allows three years for an action for personal injury.[1] South Dakota uses a “slight/gross” comparative negligence rule.[2] Drivers must carry at least $25,000/$50,000 in bodily injury coverage.[3]
Filing deadlines
SDCL § 15-2-14(3)
the following civil actions other than for the recovery of real property can be commenced only within three years after the cause of action shall have accrued: … (3) An action for personal injury.
Source: [1]
In plain English, most personal injury lawsuits in South Dakota must be filed within three years.[1]
Shared fault
SDCL § 20-9-2
the fact that the plaintiff may have been guilty of contributory negligence does not bar a recovery when the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant, but in such case, the damages shall be reduced in proportion to the amount of plaintiff’s contributory negligence.
Source: [2]
South Dakota uses a comparative negligence rule, but a narrow one. The statute allows recovery only when the plaintiff’s negligence “was slight in comparison with the negligence of the defendant.”[2]
Auto insurance requirements
SDCL § 32-35-2 sets financial responsibility at “twenty-five thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to the limit for one person, in the amount of fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and in the amount of twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.”[3] South Dakota is not one of the no-fault states.[4]
What this page does not cover
This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.
Frequently asked questions
How long do I have to file a head injury lawsuit in South Dakota?
In plain English, most personal injury lawsuits in South Dakota must be filed within three years.[1]
This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.
Sources
- SDCL § 15-2-14. South Dakota Legislature. https://sdlegislature.gov/Statutes/15-2-14
- SDCL § 20-9-2. South Dakota Legislature. https://sdlegislature.gov/api/Statutes/20-9-2.html
- SDCL ch. 32-35 (§§ 32-35-2, 32-35-70). South Dakota Legislature. https://sdlegislature.gov/Statutes/32-35
- Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance
Sources last checked: October 11, 2026
