Modified Comparative Negligence (50% Bar)
South Dakota uses a unique "slight vs. gross" negligence system. Plaintiff can recover if their negligence is "slight" compared to defendant's "gross" negligence. Generally operates as a 50% bar modified comparative system.
No Cap
No limit on non-economic damages
3 years for personal injury
Deadline to file your lawsuit
South Dakota uses a unique "slight vs. gross" negligence system. Plaintiff can recover if their negligence is "slight" compared to defendant's "gross" negligence. Generally operates as a 50% bar modified comparative system.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000 if their negligence deemed "slight." If plaintiff's negligence is not "slight" compared to defendant's, they recover $0.
Additional research needed for specific cap amounts; unique slight/gross negligence standard
$0
Based on reported cases in South Dakota
21,494
Personal injury lawsuits per year
This calculator provides estimates only and is not legal advice. Laws in South Dakota are complex and individual case results vary. Consult a licensed South Dakota attorney for advice specific to your case.