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★ US · Midwest

Personal injury in
South Dakota.

By Reviewed by Abd Shanti, Founder7 min read

South Dakota applies a "slight versus gross" negligence rule: claimant negligence more than slight in comparison with the defendant's bars recovery.

South Dakota uses the unusual "slight versus gross" rule in S.D. Codified Laws § 20-9-2: a claimant recovers only if their own negligence was slight in comparison with the defendant's, and the award is then reduced in proportion. The medical-malpractice cap on general damages is $500,000. The PI statute of limitations is three years.

★ statute of limitations
3 years from date of injury

S.D. Codified Laws § 15-2-14

★ fault rule
Slight versus gross negligence

Recovery is allowed only when the claimant's negligence was slight in comparison with the defendant's, and the award is then reduced; more than slight bars the claim (S.D. Codified Laws § 20-9-2).

★ SD · statutory caps

What caps recovery.

Caps and ceilings imposed by South Dakota law that bear on settlement values.

★ SD · key facts

What makes South Dakota different.

The handful of details that distinguish this jurisdiction from its neighbours.

★ SD · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under South Dakota law.

★ SD · court decisions

What South Dakota courts have decided.

Reported South Dakota decisions for each injury type, each with a link to the judgment and to the full injury guide.

★ SD · rules that decide claims

The rules in South Dakota.

Statutes and rulings that come up again and again in South Dakota injury claims, each with its source.

Admitted fault is not admitted injuryA defendant can admit causing the crash and still contest that it caused your injuries; the jury in Geerdes found no legal cause.Geerdes v. Likness (S.D. 2025)
Fault ruleYour own negligence does not bar recovery “when the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant,” and the award is then reduced. More than slight ends the claim. It is a comparison, not a percentage line.S.D. Codified Laws § 20-9-2
Seat belt useNot wearing a belt is not contributory negligence and may not be introduced in a civil case on injuries or on mitigation of damages.S.D. Codified Laws § 32-38-4
Disputed accidentsWhen witnesses deny the injury happened, the jury decides who to believe; two workers denied Sedlacek was struck.Sedlacek v. Prussman Contracting (S.D. 2020)
Sudden emergencyA driver who rear ends you while reacting to a sudden emergency, such as a deer, may be excused from negligence by the jury.Hewitt v. Felderman (S.D. 2013)
Deadline to sueAn action for personal injury “can be commenced only within three years after the cause of action shall have accrued.”S.D. Codified Laws § 15-2-14(3)
Medical records at trialYour own medical records can be admitted against you as business records, as happened in Braun.Braun v. Wollman (S.D. 2024)
Insurer bad faithAn insurer that underpays an underinsured motorist claim can owe the claim value, bad faith damages and punitive damages.Fiechtner v. American West Ins. (S.D. 2025)
★ other US jurisdictions

Compare across United States.

How South Dakota compares with its neighbours in the Midwest on fault rule and limitation period.

JurisdictionFault ruleLimitation
South Dakota· you are hereSlight versus gross negligence3 years from date of injury
Illinois (IL)Modified comparative, 51% bar2 years from date of injury
Indiana (IN)Modified comparative, 51% bar2 years from date of injury
Iowa (IA)Modified comparative, 51% bar2 years from date of injury
Kansas (KS)Modified comparative, 50% bar2 years from date of injury
Michigan (MI)Modified comparative, 51% bar3 years from date of injury
Minnesota (MN)Modified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpractice
Missouri (MO)Pure comparative negligence5 years for personal injury; 2 years for medical malpractice
Nebraska (NE)Modified comparative, 50% bar4 years for personal injury; 2 years for medical malpractice
North Dakota (ND)Modified comparative, 50% bar6 years for personal injury; 2 years for medical malpractice
Ohio (OH)Modified comparative, 51% bar2 years from date of injury
Wisconsin (WI)Modified comparative, 51% bar3 years from date of injury

Every United States jurisdiction compared

★ SD · frequently asked

Common questions.

Common questions about personal injury claims in South Dakota, answered with the relevant statutory references.

★ editorial note

This page summarises the South Dakota statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in South Dakota. See /methodology, /sources, and /disclaimer.