Do I need a lawyer after a car accident in South Dakota?
Every rule below is quoted from South Dakota law or a state agency, with a link. Checked September 17, 2026.
The short answer
We can't tell you whether you need a lawyer. We can show you the South Dakota rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
South Dakota uses a slight and gross comparative negligence rule. You can only recover money if your own fault was slight compared to the other driver's fault, which was gross by comparison. If you recover, your payout is reduced by your share of fault. South Dakota courts have said fault of 30 percent or more is not slight, which blocks recovery.
“the fact that the plaintiff may have been guilty of contributory negligence does not bar a recovery when the contributory negligence of the plaintiff was slight in comparison with the negligence of the defendant, but in such case, the damages shall be reduced in proportion to the amount of plaintiff's contributory negligence”
How long you have
- 3 years
- to sue for injuriesSDCL 15-2-14(3)
- 6 years
- to sue for car or property damageSDCL 15-2-13(4)
- 3 years
- for a family to sue after a deathSDCL 21-5-3
- 180 days
- to notify the government if a public vehicle or road was involvedSDCL 3-21-2
Deadline to sue for injuries
You have 3 years from the crash to sue over your injuries.
“An action for personal injury.”
If a government vehicle or road was involved
If a government vehicle or a government road caused the crash, you must give the government written notice of the time, place, and cause of your injury within 180 days.
“No action for the recovery of damages for personal injury, property damage, error, or omission or death caused by a public entity or its employees may be maintained against the public entity or its employees unless written notice of the time, place, and cause of the injury is given to the public entity as provided by this chapter within one hundred eighty days after the injury.”
How injury lawyers charge in South Dakota
Contingency fee rules
South Dakota does not cap contingency fee percentages for ordinary injury cases by law. A contingency fee agreement must be in writing, signed by the client, and the fee must be reasonable.
“A contingent fee agreement shall be in writing signed by the client and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
You can file a complaint against an insurance company with the South Dakota Division of Insurance online or by phone, after first trying to resolve the problem directly with the company.
“Many complaints can be resolved by talking to them about your issue.”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.