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Part of a consumer legal information network published by Number One Son Software Development. Aggregated from publicly available sources.
Legal notice: Information provided is for general educational purposes only and is not legal advice. Laws vary by jurisdiction and change over time. For guidance about your specific situation, consult a licensed attorney in your state.
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South Dakota uses pure comparative fault, allowing plaintiffs to recover damages regardless of their degree of fault, with awards reduced proportionally. The state has no statutory cap on non-economic damages in personal injury cases. South Dakota's small population and rural courts generally produce more conservative verdicts compared to states with larger urban centers.
Statute of Limitations
3 years
Fault Rule
Pure Comparative Fault
Non-Economic Damages Cap
No Cap
You can recover damages even if you are 99% at fault, but your award is reduced by your percentage of fault.
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in South Dakota.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $17,000 |
| Slip and Fall | $13,000 |
| Dog Bite | $26,000 |
South Dakota does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
South Dakota does not have a specific medical malpractice damages cap.
Learn more about specific injury types and how South Dakota law applies to each.
Personal injury attorneys in South Dakota serve clients in Sioux Falls, Rapid City, Aberdeen, Brookings, Watertown, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.