South Dakota's Statute of Limitations

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South Dakota's Statute of Limitations


Wrongful Death
Except in cases of medical malpractice, wrongful death actions must be filed within in three years of the date of death. In cases where the action is based upon medical malpractice, suit must be filed within two years of the date of death.

Personal Injury Actions
Personal Injury Actions must be brought within three years of the date that the injury occurred.

Medical Malpractice Actions
Actions against health-care providers must be filed within two years of the date that the act giving rise to the injury occurred. In the case of a minor under six, the child has two years after his or her sixth birthday to file a medical malpractice action. In the case of minors six and older, the minor must file suit within three years of the date of the act giving rise to the injury.

Products Liability Actions
Products liability actions must be brought within three years after the plaintiff suffers the injury or within three years of the date the injury was, or should have been, discovered.

Special Rules for Minors
Except in cases of medical malpractice or wrongful death, the statute of limitations is tolled until the minor’s 18th birthday, but an action cannot be brought more than one year after the minor’s 18th birthday.