South Dakota Legal Case Value Calculators
Select your practice area to get a free estimate using South Dakota's specific laws, statutes of limitations, and damage caps.
South Dakota's Legal Landscape
South Dakota's legal landscape is defined by its modified comparative fault (51% bar) rules, which play a central role in determining how much compensation an injured party can receive.
South Dakota's modified comparative fault system sets the bar at 51%. You can recover damages as long as your fault does not exceed 50%. At 51% fault or higher, you are completely barred from recovery. This 1% difference from the 50% bar states can be outcome-determinative.
South Dakota imposes non-economic damage caps on 2 case types, which can significantly limit pain and suffering awards.
What Makes South Dakota Different
Damage Caps (2 Case Types)
South Dakota limits non-economic damages in certain case types: Medical Malpractice: $500K, Professional Malpractice: $500K. These caps can significantly reduce pain and suffering awards.
Statutes of Limitations in South Dakota
| Case Type | South Dakota | Nat'l Avg |
|---|---|---|
| Motor Vehicle Accident | 3 yrs | 2.8 yrs |
| Medical Malpractice | 2 yrs | 2.3 yrs |
| Premises Liability | 3 yrs | 2.7 yrs |
| Product Liability | 3 yrs | 2.7 yrs |
| Wrongful Death | 3 yrs | 2.3 yrs |
| Dog Bite | 3 yrs | 2.7 yrs |
| Wrongful Termination | 6 yrs | 2.9 yrs |
| Wage & Hour | 6 yrs | 3.7 yrs |
| Class Action | 6 yrs | 3.5 yrs |
| Insurance Bad Faith | 6 yrs | 4.1 yrs |
| Disability Denial | 3 yrs | 2.7 yrs |
| Professional Malpractice | 2 yrs | 2.3 yrs |
| Civil Rights | 3 yrs | 2.8 yrs |
| Intellectual Property | 6 yrs | 3.9 yrs |
| Workers' Compensation | 2 yrs | 1.9 yrs |
| Lemon Law | 4 yrs | 4.1 yrs |
Practice Areas
Motor Vehicle Accident
Injuries from car, truck, or motorcycle collisions.
Medical Malpractice
Harm caused by a doctor, nurse, or hospital error.
Premises Liability
Slip and fall or unsafe property injuries.
Product Liability
Injuries from a defective or dangerous product.
Wrongful Death
Compensation for a family member killed by negligence.
Dog Bite
Bites or attacks by a dog or other animal.
Wrongful Termination
Fired illegally or discriminated against at work.
Wage & Hour
Unpaid wages, overtime, or wage theft by an employer.
Class Action Lawsuit
Group lawsuit against a company for widespread harm.
Insurance Bad Faith
Insurer acting in bad faith to deny or delay a claim.
Disability Denial
Denied disability insurance or Social Security benefits.
Professional Malpractice
Malpractice by a lawyer, accountant, or other professional.
Civil Rights Violation
Rights violated by a government actor or employer.
Intellectual Property
Patent, trademark, copyright, or trade secret infringement.
Workers' Compensation
On-the-job injury or occupational illness benefits.
Lemon Law
Defective vehicle that can't be repaired after multiple attempts.
Had Your Accident in a Different State?
Which state's law applies depends on where the incident occurred, not where you live. Check neighboring states:
Legal Disclaimer
This page reflects South Dakota's statutes as of 2026-03-06. Laws change frequently. This tool provides estimates for informational purposes only and does not constitute legal advice. Verify current rules with a South Dakota-licensed attorney. Learn how we calculate case values.
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