The statute of limitations for a car accident in South Dakota is generally three years. This is the legal deadline for filing a claim. Once that time runs out, you may lose the ability to hold the at-fault party accountable, no matter how serious your injuries are.
Missing the deadline could leave you without a path forward. That’s why it’s important to act quickly. The sooner you speak with someone, the sooner you can protect your rights and take the next step.
A Sioux Falls car accident lawyer can help you move quickly, explain your next steps, and handle the legal process while you focus on your health.
How Long Do You have to File a Car Accident Claim in South Dakota?
A personal injury lawyer in Sioux Falls can review your situation and help identify the deadlines that apply. Here’s what the law says:
- Injury claims: You typically have three years to file a lawsuit for physical injuries. That time limit is based on South Dakota Codified Law § 15-2-14.
- Property damage claims: You may have up to six years to recover for vehicle damage, according to SDCL § 15-2-13(4).
- Wrongful death claims: You have three years from the date of the crash that caused the death to file a wrongful death action, per SDCL § 21-5-3. The clock starts on the date of the collision, even if your loved one passes away days or weeks later.
If you wait too long, you may lose your chance to recover anything.
For a free legal consultation, call (605) 334-8900
What Counts as a Serious Accident in South Dakota?
Our firm helps people who have been in serious accidents that resulted in serious injuries. These are the kinds of injuries that change your life, require real medical care, and often take a long time to recover from.
Examples of injuries we handle include:
- Fractures or broken bones
- Spinal cord damage
- Head injuries and concussions
- Internal injuries or organ damage
- Permanent injuries or physical disfigurement
If your crash didn’t result in a hospital visit or ongoing care, it may not meet the threshold for a claim. We can still review your case and let you know what options exist.
What if You Don’t Know Who Was at Fault?
Liability isn’t always obvious. We investigate collisions from the ground up. That includes:
- Reviewing police reports
- Requesting vehicle data recorder
- Interviewing witnesses
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Why Acting Quickly Can Change Your Case
Time matters more than most people think. Once vehicles are repaired or towed, once traffic footage is deleted, and once witnesses move on, those pieces of evidence are gone.
That’s why we begin every case with a thorough investigation. We don’t rely on what someone remembers weeks later—we focus on what we can prove now.
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Why Evidence Matters
Insurance companies don’t just ask for your side of the story. They want documentation. That’s why we handle:
- Photos, video footage, and digital evidence
- Phone and text records
- Vehicle data and repair reports
What Happens if You Miss the Deadline?
Courts apply strict deadlines. If the three-year window for injury claims—or the six-year limit for property damage—passes, the court may dismiss your case.
Even if your injuries are serious, the court is unlikely to make an exception. And insurers will rarely make settlement offers once they know the statute has expired.
If you’re unsure whether you’re within the legal window, contact us. Our car accident attorneys in Sioux Falls can review the timeline and explain your next steps.
What if You Don’t Have Insurance?
Many people call us worried about not having insurance. That doesn’t automatically prevent you from filing a claim, but it can affect how we approach the case.
We’ll review every available policy—yours, the other driver’s, and any third-party coverage that might apply. We’ll also help you understand what coverage exists, even if you’re on Medicaid or don’t speak fluent English.
You don’t need everything sorted before calling. We can help you figure out where to start.
What Happens After You Call
If you’ve never worked with a lawyer before, you’re not alone. Most of our clients come to us with questions, not answers. That’s okay.
During your consultation, we’ll talk through:
- What happened in your crash.
- What injuries or symptoms you’ve had.
- What insurance coverage might apply.
Our attorneys will also explain how we handle fees and communication, and we’ll talk about how the process works from start to finish.
What to Expect from Hoy Law
Hoy Law focuses on helping people who have suffered serious injuries in collisions. That includes hospital visits, surgeries, long-term care, permanent injuries, and disfigurement. These are not minor claims. They are life-changing events, and we treat them that way.
Since 1991, we’ve recovered over $30 million for injured South Dakotans. With more than 150 years of combined experience, we take on serious cases and build a clear plan from the start. If we can help, we’ll move forward with purpose—and keep you informed every step of the way.
If your injuries have kept you from working or required serious medical care, don’t wait. Our Sioux Falls car accident attorneys can walk you through what comes next, help you understand your options, and get started with a plan that works for you. Hoy Law. We’re here to help.
Disclaimer: The information provided herein does not constitute legal advice and is for general informational purposes only. For guidance specific to your situation, please contact our office directly.
Call or text (605) 334-8900 or complete a Free Case Evaluation form
