South Dakota Personal Injury Laws
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
Fault Rule: Pure Comparative Fault
You can recover damages even if you are 99% at fault, but your award is reduced by your percentage of fault.
Average Settlement Amounts in South Dakota
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 |
Key South Dakota Personal Injury Statutes
- •S.D. Codified Laws § 15-2-14 (statute of limitations)
- •S.D. Codified Laws § 20-9-2 (pure comparative fault)
- •S.D. Codified Laws § 40-34-1 (dog bite liability)
Damage Caps in South Dakota
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.
Injury Claims in South Dakota
Learn more about specific injury types and how South Dakota law applies to each.
Major Cities in South Dakota
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.