A statute of limitations is a statute, or law, that restricts the period of time, after certain events, that a person may initiate legal proceedings. These time limits vary depending on the type of case and the state where the particular cause of action occurred. After the time limit has passed, the injured person no longer has the right to sue to recovery money damages, unless a legal exception applies. The following provides a brief summary, in alphabetical order, of some of the limitations periods for the state of South Dakota for those actions related to personal injury, medical malpractice, and some products liability. Please contact a qualified South Dakota lawyer to find out how a statute of limitations applies to your situation.
Fraud:
Actions based on fraud must be filed within 6 years. This six year limitation period begins to run from the date the fraud was discovered, or reasonably should have been discovered.
Libel-Slander-Defamation:
These types of actions must be filed within 2 years from the date of the action.
Medical Malpractice:
All actions against medical professionals must be filed within 2 years of the date of the act resulting in the injury. Where the injured party is a minor under the age of six, a legal claim must be filed within 2 years after his or her 6th birthday. If a minor is over the age of six, however, that minor must file a medical malpractice action within 3 years from the date of the act resulting in the injury. If the medical malpractice results in wrongful death, a legal claim must be filed within 3 years from the date of death.
Personal Injury:
Personal injury actions must be filed within 3 years from the date of the injury.
Statute of Limitations for Personal Injury Actions Chart
Product Liability:
Product liability actions must be filed within 3 years from the date of the injury, or within 3 years from the date the injury was, or reasonably should have been, discovered. No case may be filed after 6 years have passed from the time the product was initially purchased.
Professional Malpractice:
All actions against legal professionals must be filed within 3 years of the date of the act resulting in the injury. All actions against accounting professionals must be filed within 4 years of the date of the act resulting in the injury.
Wrongful Death:
Wrongful death actions must be filed within 3 years of the date of death.
Special Rules Tolling the Statute of Limitations:
A statute of limitations is tolled when certain conditions are present. When a statute is tolled, the limitations period is essentially put on hold for a period of time. Some typical reasons that a statute is tolled include situations when the victim of the injury was a minor at the time of the injury (minority), when the victim of the injury was mentally incompetent at the time of the injury (mental incompetence), and when the defendant has filed bankruptcy.
In South Dakota, when the injured party is a minor the limitations period begins to run on that minor’s 18th birthday, but the action must be filed within 1 year of the minor’s 18th birthday. This exception does not apply in medical malpractice or wrongful death cases, however. In those instances, please refer to the above information, or refer to the statute directly. If an injured party is deemed to be mentally incompetent or insane, the limitations period will begin to run after the termination of the disability. The claim, however, must be filed within 1 year from the date of the termination of the disability, not to exceed 5 years from the date of the act resulting in the injury.
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