Hurt, wronged, or owed money
THINKING ABOUT SUING
What South Dakota law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
3 years
Suing for a personal injury
- From
- The injury
An action for personal injury can be commenced only within three years after the cause of action accrued.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
6 years
Suing on a contract, or for injury to property
- From
- The cause of action accruing
An action on a contract, or for injury to property, can be commenced only within six years after it accrued.
A written contract
A signed agreement, a lease, a written estimate or invoice.
6 years
Suing on a contract, or for injury to property
- From
- The cause of action accruing
An action on a contract, or for injury to property, can be commenced only within six years after it accrued.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
6 years
Suing on a contract, or for injury to property
- From
- The cause of action accruing
An action on a contract, or for injury to property, can be commenced only within six years after it accrued.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the South Dakota guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
180 days
Notice of an injury caused by a public entity
- From
- The injury
Written notice of the time, place and cause of the injury is given to the public entity within 180 days after the injury, or no action for the damages may be maintained against the entity or its employees.
SMALL CLAIMS COURT
The limit in South Dakota
Up to twelve thousand dollars
SDCL § 15-39-45.1 — up to twelve thousand dollars, no jury and no appeal unless the defendant removes it
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed South Dakota attorney.