FirmTimerFirmTimerCalculate accurate filing deadlines for various causes of action in South Dakota. This tool provides statute citations, legal notes, and important deadline information for your case.
Statute may be tolled until age of majority
Statute may be tolled due to disability
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June 16, 2028
South Dakota generally requires personal injury suits to be filed within three years of the wrongful act or omission. SD does not have a broad discovery rule; the statute begins to run when the injury happened (with narrow exceptions for cases like failure to diagnose cancer via specific statute). Tolling: SDCL 15-2-22 tolls the statute for minors and persons of unsound mind, but with a cap – an action must be commenced within 5 years of accrual notwithstanding disability, or within one year after disability ends, whichever is later. So a minor injured at age 10 would have until age 18 (8 years later) because of the 5-year cap? Actually, since 5 years from accrual plus one year after 18 yields age 19, the statute seems to provide the greater of those – in practice SD’s tolling is quite limited by that 5-year rule. There is a separate 10-year repose for claims arising from improvements to real property (construction) that might bar stale injury claims from building defects.
Last reviewed 6/9/2025
Firm Timer helps you track every minute of your workday, ensuring you never miss a billable hour again. Our intuitive time tracking software is designed for law firms, making it easy to capture time on the go.
| Cause of Action | Statute of Limitations | Discovery Rule | Statute of Repose | Legal Citation |
|---|---|---|---|---|
| Personal Injury | 3 years | No | — | S.D. Codified Laws § 15-2-14(3) |
| Wrongful Death | 3 years | No | — | SDCL § 21-5-3; § 15-2-14(3) |
| Property Damage | 6 years | No | — | SDCL § 15-2-13(4) |
| Breach Of Written Contract | 6 years | No | — | SDCL § 15-2-13(1) |
| Breach Of Oral Contract | 6 years | No | — | SDCL § 15-2-13(1) |
| Defamation | 2 years | No | — | SDCL § 15-2-15(1) |
| Medical Malpractice | 2 years | No | — | SDCL § 15-2-14.1 |
| Consumer Debt | 6 years | No | — | SDCL § 15-2-13(1) |
| Written Contract | 6 years | Yes | 10 years | S.D. Codified Laws § 15-2-13(1):contentReference[oaicite:318]{index=318} |
| Oral Contract | 6 years | Yes | 10 years | S.D. Codified Laws § 15-2-13(1):contentReference[oaicite:335]{index=335} |
Common questions about South Dakota statutes of limitations
The shortest deadline in South Dakota is 2 years for defamation (libel/slander) claims, while the longest is 6 years for oral contract disputes. Missing these cut-offs—even by a day—can permanently bar recovery.
Note: South Dakota also enforces statutes of repose, which create an absolute bar after a set number of years, regardless of when the injury is discovered. Our calculator flags these where applicable.
A statute of limitations sets the maximum time after an event within which legal proceedings may be initiated. In South Dakota, these time limits vary by the type of claim or offense.
Missing a filing deadline can permanently bar your claim, regardless of its merit. This calculator helps you determine the deadline for your specific case, but always consult with a qualified attorney for legal advice.
For more information about South Dakota law, visit the official South Dakota courts or legislature website.