If you live in South Dakota and have suffered a personal injury, you may have the right to file a lawsuit and seek compensation for your losses. However, there are specific deadlines within which you must file your claim, known as the statute of limitations. Understanding these deadlines is crucial because failing to meet them can result in losing your ability to seek compensation.
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What Is the Statute of Limitations for Personal Injury Claims in South Dakota?
The statute of limitations for personal injury claims in South Dakota is three years from the date the injury occurred (SDCL 15-2-14). This means you have three years from the date of your injury to file a lawsuit. If you fail to file within this deadline, your case will likely be dismissed, and you will not be able to recover any damages.
Exceptions to the Statute of Limitations
Certain situations may toll or extend the statute of limitations, giving you more time to file your claim. While exceptions to the statute of limitations are rare, they do exist. Some potential grounds for tolling or extending the statute of limitations include:
Injuries Sustained by Minors
If the injured person is a minor, the statute of limitations does not begin until they turn 18. Therefore, if a child suffers an injury at the age of five, their injured parents have until the minor’s 21st birthday to file a claim.
Injuries Caused by Professionals
In some cases, personal injury claims arise from medical malpractice, construction accidents, or other accidents caused by professionals. In these cases, the statute of limitations may not begin until the injured person discovers the cause of their injury.
Injuries Sustained Over Time
The statute of limitations may not begin to run until the injury was discovered or should have been discovered by the plaintiff. This may apply in cases involving dangerous drugs or faulty medical devices where injuries occur gradually over time.
Why It’s Important to File Your Personal Injury Claim As Soon As Possible
While certain exceptions may toll or extend the statute of limitations, it is still essential to file your claim as soon as possible. It is crucial to consult with a personal injury attorney soon after your injury because there are specific steps and deadlines you must follow to preserve your right to compensation. If you miss any of these deadlines, you may lose your right to seek compensation altogether.
Additionally, filing your claim earlier gives your attorney more time to build a strong case on your behalf. This involves gathering evidence, interviewing witnesses, and engaging in settlement negotiations with the opposing party. Your attorney may also advise you on the best course of action to protect your interests.
Contact an Experienced Personal Injury Attorney Today
If you or someone you love has suffered a personal injury in South Dakota, it is crucial to know your rights. The statute of limitations for filing a personal injury claim in South Dakota is three years, but certain exceptions may toll or extend this deadline. To learn more about your legal options and how to protect your rights, contact an experienced personal injury attorney today. They can help you navigate the complex legal process and help you receive the compensation you deserve.