Exceptions to South Dakota’s Statute of Limitations for Personal Injuries

South Dakota’s statute of limitations provides that injured victims have three years to file a personal injury lawsuit. If a victim goes past this deadline, even accidentally, they can lose the right to sue because a judge will dismiss the case. Although the three-year deadline applies in most cases, there are exceptions, as our legal team explains below.

When Will a Victim Have a Different Deadline?

Here are situations where the personal injury victim gets more or less time:

• If the victim was a minor, then the statute of limitations is tolled until they become an adult at age 18. At that point, they must bring a claim within one year of the end of their disability. So someone who is hurt at 10, will need to bring a claim by age 19.
• Governmental defendant. Sometimes the government is a defendant in a personal injury case. For example, the state might fail to properly maintain a road, leading to an accident. Or a government worker strikes you in their vehicle while driving around for their job. In situations like these, you must provide a notice of claim to the government within 180 days. That is less than the normal three years. You also don’t get any type of extension for the statute of limitations because the government is the defendant.
• Wrongful death. If someone dies in an accident, then family members might bring a wrongful death claim. However, you only get three years from the day of the death. That’s when the clock starts, which might not be the day your loved one was injured.

What should you do if you have questions about his statutory deadline? The best thing you can do is call Hoy Law. We can investigate how much time remains to file a lawsuit, thus providing you with peace of mind. No one should ever guess how much time they have to sue.

We can also help negotiate a settlement if your child is injured. Parents often want reimbursement of the money they spend on medical care. They do not want to wait until their child turns 18 to get the money. We can work to negotiate a settlement for your family, even if your child is a minor.

Our firm also knows how to negotiate claims with the government, whenever an employee ends up hurting our client. The government is liable in certain situations, which we can analyze.

Call to schedule a consultation. Going over these statutory deadlines is a disaster which accident victims must take great care to avoid. You will end up not receiving the compensation you deserve.

Connect with an Experienced Personal Injury Lawyer

Hoy Law has established itself as a go-to firm in South Dakota for motor vehicle accidents which cause serious injuries. We have helped those who are hurt in motorcycle, car, and truck accidents. A Sioux Falls personal injury lawyer can discuss legal options with any accident victim in a private (and free) consultation. Contact us today.

Note:

This information is general in nature and should not be relied upon as legal advice. Deadlines such as statutes of limitations vary by case, so it is important to speak with an attorney about your specific situation.

Sources:

sdlegislature.gov/Statutes/15-2-14

sdlegislature.gov/Statutes/15-2-22