South Dakota Personal Injury Settlements and Laws

In South Dakota, personal injury law governs a wide range of legal disputes arising from incidents that cause physical injury, emotional distress, or other damages. These could include product liability, mass torts, automobile accidents, slip and falls, medical malpractice, and more.

Understanding potential settlement payouts and jury awards in personal injury cases is crucial. The compensation a plaintiff might receive in South Dakota depends on various factors such as the severity of the injuries sustained, the degree of fault or negligence involved, and the unique circumstances of the case.

This page delves into personal injury law in South Dakota, including the state’s laws and regulations, such as the statute of limitations, and looks at recent cases to provide examples of typical settlement amounts and jury payouts in South Dakota.

If you’ve been injured or lost a loved one, reach out to us today. Get a free, no-obligation consultation at 800-553-8082. Alternatively, you can request a free consultation online.

South Dakota Personal Injury Verdicts and Settlements

The following South Dakota personal injury verdicts are instructive in identifying the general range of compensation awarded by juries across different types of cases. They offer valuable insight into how local juries evaluate pain and suffering, medical expenses, and long-term impairment, particularly in cases involving rear-end collisions and dog attacks. However, while these examples can help set broad expectations, they are not reliable tools for calculating the exact value of your personal injury claim. Every case is fact-specific, and factors like the severity of your injuries, the credibility of witnesses, the skill of your attorneys, and even the county where the case is tried can have a significant impact on the outcome. With that in mind, here’s a snapshot of recent verdicts that help frame the landscape of personal injury awards in South Dakota.

2025, South Dakota: $18,661.50 Verdict. The plaintiff was driving eastbound on Highway 42 when a South Dakota Highway Patrol trooper, attempting a U-turn to pursue another vehicle, pulled out from behind, obstructing traffic and into the plaintiff’s path. The trooper admitted fault at the scene and was later reprimanded following an internal investigation. The plaintiff alleged negligence and multiple traffic violations by the trooper, resulting in a collision that caused ongoing neck pain. The defense argued the plaintiff was contributorily negligent for speeding and failed to mitigate damages by not adhering to recommended physical therapy. Evidence showed that the plaintiff exceeded the speed limit and engaged in physically demanding activities after the accident. The Minnehaha County jury found the trooper negligent but also found the plaintiff slightly contributorily negligent, awarding $1,161.50 in medical expenses and $17,500 for non-economic damages. The court denied the plaintiff’s motions to exclude contributory negligence and preclude redactions to policy documents. (The South Dakota Supreme Court affirmed the verdict.)
2024, South Dakota: $614,370 Verdict. The plaintiff was driving northbound when the defendant, also driving northbound, ran into the rear of his vehicle. The plaintiff reportedly suffered a neck injury, which resulted in permanent impairment. The defendant admitted causing the collision but disputed the nature and extent of the plaintiff’s claimed injuries. The verdict included $23,000 for medical expenses and the rest of the damages were for pain and suffering and loss of enjoyment of life.
2023, South Dakota: $132,723 Verdict. The plaintiff, a 29-year-old female, was stopped waiting to turn left when the defendant, driving a tractor-trailer truck, rear-ended her. The plaintiff reportedly suffered injuries, including straightening of the cervical lordosis, cervical anterolisthesis, cervical retrolisthesis, and foraminal encroachment of the cervical facet joints.
2022, South Dakota: $300,000 Verdict. A 28-year-old woman claimed to have suffered a spinal disc injury with nerve involvement, a concussion, and other injuries when she was rear-ended by the defendant as she slowed down for traffic ahead. Liability was admitted by the nature, extent and cause of the injuries were disputed.
2022, South Dakota: $266,369 Verdict. The plaintiff was driving her vehicle on the roadway when she stopped for a red traffic signal at an intersection, and the defendant rear-ended her with his pickup truck. The plaintiff claim that she suffered significant back injuries that forced her out of work for significant time periods and required medical treatment. The verdict included $50,000 for past medical expenses and $65,000 for future medical expenses.
2021, South Dakota: $806,540 Verdict. A child suffered disability and visual disturbances in her right eye and disfigurement to her face after she was attacked by a German Shepherd owned by the defendants while she was a guest at their home. The verdict only included $24,000 for past medical expenses and the rest for pain and suffering.
2019, South Dakota: $115,985 Verdict. A woman was rear-ended. She suffered severe injuries. The woman alleged negligence against the at-fault driver. She claimed he excessively sped, tailgated her, and failed to maintain an appropriate lookout. The jury awarded $115,985.
2019, South Dakota: $100,000 Verdict. A man was T-boned. He suffered L5-S retrolisthesis, exacerbated lower back arthritis and pain, and aggravated degenerative disc disease. The man alleged negligence against the at-fault driver. He claimed she failed to yield the right-of-way and maintain an appropriate lookout. The jury awarded $100,000.
2019, South Dakota: $200,000 Verdict. A 34-year-old woman was rear-ended. She suffered several injuries, including disc bulges, sprains, and shoulder ligament damage. The woman developed chronic pain, muscle spasms, fatigue, weakness, headaches, and nausea. She alleged negligence against the at-fault driver. She claimed she failed to maintain an appropriate lookout and safely operate her vehicle. The jury awarded $200,000.
2018, South Dakota: $102,153 Verdict. A woman was rear-ended. She injured her neck. The woman alleged negligence against the at-fault driver. She claimed he failed to drive attentively and negligently tailgated her. The jury awarded $102,153.
2018, South Dakota: $34,208 Verdict. A 12-year-old girl was bit by her friend’s grandfather’s dog. She suffered 17 skin and flesh wounds. The girl’s parents alleged negligence against the dog’s owner. They claimed she failed to restrain the dog. The jury awarded $34,2018.
2018, South Dakota: $916,189 Verdict. A man was cut off by a tractor-trailer. He struck it while attempting to avoid a collision. The man suffered severe personal injuries. He alleged negligence against the truck driver. The man claimed he negligently crossed a highway’s centerline, exceeded the speed limit, and failed to maintain an appropriate lookout. A jury awarded $916,189.

South Dakota Personal Injury Law

Let’s look at the key points of South Dakota personal injury laws:

South Dakota Personal Injury Statute of Limitations

In South Dakota, like other states, the law sets a time limit within which you can file a personal injury lawsuit, referred to as the “statute of limitations.” The statute of limitations is crucial, as it affects your right to seek legal remedy for any harm or damages you’ve suffered due to someone else’s negligence. South Dakota has different statutes of limitations for different types of cases. South Dakota Codified Laws section 15-2-14 states that the statute of limitations for personal injury cases is three years. Wrongful death claims in South Dakota also have a three-year deadline. This means you have three years from the date of the accident to file a lawsuit. If you fail to file within this period, you’ll likely lose your right to have the court hear your case.

When the plaintiff is a minor (under the age of 18) at the time the injury occurs, South Dakota tolls their statute of limitations period until 1 year after they reach the age of majority. So minors have until their 19th birthday to file their claims.

Malpractice Statute of Limitations in South Dakota

South Dakota has specific rules for malpractice cases, including medical, legal, and other professional malpractice. South Dakota Codified Laws section 15-2-14.1 sets a two-year statute of limitations for malpractice cases. This period starts from the date the malpractice was discovered, or reasonably should have been discovered, but no longer than six years from the date of the alleged act, omission, or neglect. Failure to file within the specified period may result in your case being dismissed.

South Dakota does not have a specific statute of repose for malpractice claims. Instead, the general malpractice statute of limitations applies, which includes a provision that no claim can be made more than six years from the date of the act, omission, or neglect. This provision acts similarly to a statute of repose

South Dakota Discovery Rule

The discovery rule is a legal principle that delays the commencement of the statute of limitations until the injury is discovered or reasonably could have been discovered. In South Dakota, the discovery rule applies to both personal injury and malpractice cases. It allows for exceptions in situations where an injury or malpractice might not be immediately apparent. The question is when the plaintiff became aware of facts that would have prompted a reasonably prudent person to seek information regarding their injury or condition and its cause.

Comparative Negligence in South Dakota

South Dakota’s personal injury laws include the implementation of a modified comparative negligence system. Under South Dakota Codified Laws section 20-9-2, you can recover damages in a personal injury lawsuit as long as you were not more at fault than the defendant. However, your compensation will be reduced by a percentage equivalent to your degree of fault. For example, if you were 30% at fault for an accident, your compensation would be reduced by 30%.

South Dakota Collateral Source Rule

The Collateral Source Rule in South Dakota prevents the reduction of a plaintiff’s damage award by amounts received from sources independent of the defendant, like insurance. As per South Dakota Codified Laws section 21-3-12, the rule aims to ensure that defendants bear the full cost of their negligent actions. Like many state, South Dakota exempts certain governmental benefits from the rule.

Requirement for an Expert in Malpractice Lawsuit in South Dakota

In South Dakota, malpractice lawsuits often require the testimony of an expert witness to establish the standard of care and whether it was breached. According to South Dakota Codified Laws section 15-36-9, the plaintiff must provide an affidavit from a qualified expert confirming that the defendant deviated from the applicable standard of care and that this deviation was the proximate cause of the harm.

This affidavit must be submitted within 90 days of the commencement of the lawsuit, emphasizing the importance of obtaining expert advice promptly.

South Dakota courts strictly enforce this requirement when the facts of a case involve matters outside the understanding of a typical juror. The South Dakota Supreme Court has held that expert testimony was required where the issue of causation involved scientific or technical knowledge. The court emphasized that plaintiffs may not rely solely on allegations or circumstantial claims when resisting summary judgment on causation. They must provide admissible evidence—often in the form of expert opinion—demonstrating that the defendant’s actions likely caused the injury. Without this, even compelling narratives and visual evidence may be deemed speculative.

In short, South Dakota law does not simply require an expert to prove the breach of the standard of care; it also mandates expert testimony to establish causation in any case where scientific or technical understanding is essential to the claim. Failure to meet this burden will likely result in dismissal, regardless of how compelling the underlying story may seem.

South Dakota Medical Malpractice Cap

South Dakota places a cap on non-economic damages in medical malpractice cases. Under South Dakota Codified Laws Section 21-3-11, non-economic damages, which include compensation for pain and suffering, are capped at $500,000. This cap does not apply to economic damages, such as medical expenses and lost earnings. These caps are unfair but we have to work around them.

South Dakota Informed Consent Law

Informed consent is a fundamental principle in healthcare, and it’s legally required in South Dakota. South Dakota Codified Laws section 20-9-4 states that a healthcare provider can be held liable for performing a procedure without the patient’s informed consent, except in emergencies. Informed consent means that the patient was fully informed about the nature of the treatment, its risks, alternatives, and potential benefits, allowing the patient to make an informed decision about their care. Violation of this law can lead to a medical malpractice lawsuit.

South Dakota Dog Bite Law

South Dakota has not adopted a statutory dog bite law, which means it does not follow a strict liability framework for dog owners. In states with strict liability statutes, an owner is responsible for a dog bite regardless of the animal’s past behavior. That is not the case in South Dakota. Here is the law and what you need to understand:

Definition of a Vicious Dog: Under South Dakota law, a dog is classified as “vicious” if it, without provocation, approaches individuals in a threatening manner or attacks them in public spaces. This definition is detailed in SDCL § 40-34-14.
Ownership Constitutes a Public Nuisance: Possessing or harboring a dog deemed vicious is considered a public nuisance in South Dakota. Owners of such dogs may face legal consequences as outlined in SDCL § 40-34-13.
Liability for Damages to Domestic Animals: If a dog chases, injures, or kills poultry or other domestic animals, the owner is held strictly liable for damages and may be charged with a Class 2 misdemeanor. This is specified in SDCL § 40-34-2.

So, South Dakota follows the common law “one bite rule”, a traditional legal doctrine that limits owner liability unless certain conditions are met. Under this rule, a dog owner may only be held liable if the injured party can prove that:

The dog had previously bitten someone or exhibited aggressive tendencies, and
The owner knew or reasonably should have known about the dog’s dangerous propensities.

This standard requires a showing of prior knowledge, which can be established through past bites, aggressive behavior such as growling or lunging, or even warnings the owner received about the dog’s behavior. A single prior incident is usually enough to put an owner on notice.

The South Dakota Supreme court has addressed the scope of liability for dog owners, confirming that an owner cannot be held responsible for injuries caused by their dog unless there is evidence that the owner knew or reasonably should have known about the animal’s dangerous propensities.</p>

But keep in mind, plaintiffs are not without recourse even if the dog had not bitten anyone before. Liability can still be argued under general negligence principles—for example, if the owner failed to control the dog in a public area, left a gate open, or ignored leash laws. In such cases, the injured party must prove that the owner’s conduct fell below the standard of reasonable care.

Because South Dakota lacks a dog-specific liability statute, these cases often turn on fact-intensive investigations. Eyewitness testimony, veterinary records, neighborhood complaints, and prior behavior reports can be crucial in building a case.

South Dakota Mass Tort Claims

There are national mass torts (also known as “class actions”) that involve hundreds of plaintiffs from South Dakota, including claims our law firm is handling across the country:

Paraquat Lawsuit: Paraquat is a weed killer used by commercial farmers. New evidence has shown that long-term exposure to Paraquat can cause Parkinson’s disease, leading to thousands of lawsuits.
Depo-Provera Lawsuit: Depo-Provera is a birth control shot that uses the hormone medroxyprogesterone. Lawsuits allege that long-term use of Depo-Provera can cause serious side effects like bone density loss and brain tumors, and that the manufacturer failed to adequately warn users.
Roundup Lawsuit: Roundup is a widely used herbicide containing glyphosate. Lawsuits claim that extended exposure to Roundup increases the risk of non-Hodgkin lymphoma, leading to billions in jury verdicts and settlements against its manufacturer.
AFFF Lawsuit: Aqueous Film Forming Foam (AFFF) is a firefighting foam used at airports, military bases, and industrial sites. AFFF lawsuits claim that toxic chemicals in the foam, especially PFAS, contaminated drinking water and caused cancer in firefighters and nearby residents.
PFAS Lawsuit: PFAS, or “forever chemicals,” are toxic substances found in products like non-stick cookware, waterproof fabrics, and firefighting foam. PFAS lawsuits target manufacturers for water contamination and health issues like cancer, thyroid disease, and birth defects.
Social Media Addiction Lawsuit: Social media addiction lawsuits allege that platforms like Instagram, TikTok, and Facebook use manipulative algorithms that contribute to depression, anxiety, and suicidal behavior in teens and young adults. Families are suing tech companies for failing to protect vulnerable users.

Settlement Averages and Serious Injury Claims in South Dakota

South Dakota personal injury laws do not place caps on damages except in malpractice lawsuits, but settlements vary significantly depending on the nature and severity of the injury. In auto accident injury settlement claims, recoverable damages often include medical expenses, lost income, property damage—including diminished value—and compensation for pain and suffering. A car accident pain and suffering settlement may range from tens of thousands of dollars for soft tissue injuries to six or seven figures when there is permanent impairment.

In wrongful death claims, jury awards can range from $250,000 to several million dollars. The average wrongful death settlement in South Dakota depends heavily on the decedent’s age, earning potential, and the impact on surviving family members. Juries also consider the pain experienced prior to death and the emotional loss to loved ones.

In cases involving catastrophic harm, such as traumatic brain injuries or spinal cord damage, legal strategy becomes even more critical. A brain injury lawyer in South Dakota or a catastrophic injury attorney is essential for presenting expert testimony, calculating long-term care costs, and proving diminished quality of life. The same applies to birth injury cases, which often require medical experts and a thorough review of prenatal and delivery care.

These are complex, high-value cases. Insurance companies often push for fast settlements, but real justice requires a full investigation and a legal team prepared to go to trial when necessary.

Securing a South Dakota Personal Injury Attorney

Our firm handles significant injury and wrongful death cases in South Dakota, collaborating closely with local partner firms. We shoulder the costs of our South Dakota attorneys from our own legal fees, meaning there’s no additional financial burden on you for engaging two law firms instead of one. Plus, you’re only required to pay a fee if you receive a settlement or a jury awards you compensation.

If you’ve been injured and suspect you may have a civil tort claim, don’t hesitate to reach out to us. Get a free, no-obligation consultation or give us a call today at 800-553-8082. Alternatively, you can request a free consultation online.