South Dakota Traumatic Brain Injury Resources & Support Programs

South Dakota residents affected by a traumatic brain injury can find support through a range of state agencies and specialized rehabilitation programs. Disability Rights South Dakota, based in Pierre and reachable by toll-free line, provides legal advocacy and rights protection for individuals with disabilities, including TBI survivors navigating state services. The Division of Mental Health and the Division of Rehabilitation Services both offer pathways to funding and support for eligible residents working toward recovery and greater independence.

South Dakota is also home to dedicated brain injury rehabilitation programs that provide hands-on care and community reintegration support. The Sioux Falls Avera McKennan Rehabilitation Center and Rapid City Community Transitions, Brain Injury Rehabilitation, operated through Black Hills Works, offer specialized services for survivors at different stages of recovery across the state. Accessing the right rehabilitation support early can make a meaningful difference in long-term outcomes, and families may benefit from reviewing what to expect from post-acute TBI care and ongoing services as they plan for the road ahead.

How to use this list of South Dakota Statutes of Limitations and Repose

• “General Tort” is the statute of limitations for most personal injury or negligence claims (e.g., car accidents, slip and fall, general liability).
• “Medical Malpractice is the statute of limitations for lawsuits against healthcare providers and hospitals for alleged negligence or errors in medical care.  The phrase “from act/omission” = Time starts from the date of the alleged malpractice. The phrase “from discovery” = Time starts from when the injury was discovered or should have been discovered. The medical malpractice statute of repose is an absolute deadline after the act of malpractice, regardless of when the injury is discovered. After this period, no claim can be brought, even if the injury was not discovered until later.
•  “Products Liability”is the statute of limitations for claims involving injuries caused by defective or dangerous products. The products liability statute of repose is the maximum time after the product was manufactured, sold, or delivered that a lawsuit may be filed, regardless of when the injury occurred or was discovered.
• “Workers’ Compensation” is statute of limitations for filing a workers’ compensation claim for work-related injuries or occupational diseases.  The following phrases apply: “from injury” = Time starts from the date of the injury; “from last payment” = Time starts from the date of the last payment; “from knowledge/discovery” = Time starts from when the injury or occupational disease was, or should have been, discovered; “from first symptom” = For occupational diseases, time starts from first manifestation of symptoms; and “from act/discovery” = Whichever is later, the date of the act or the date the injury was discovered.
• Each entry includes the relevant statute citation for your further research or verification. And “N/A” means that there is no statute of repose or not applicable for that claim type in that state.

Remember that statute of limitations and repose can change, so it is essential to:

• Confirm the current law as soon as possible.
• Remember that there is no substitute for consulting an experienced attorney on a potential legal matter as soon as possible.
• Remember that the facts of the case can alter or change the Statutes of Limitations.

General Tort: S.D. Codified Laws § 15-2-14(3) (3 years)

Medical Malpractice: S.D. Codified Laws § 15-2-14.1 (2 years from act/discovery)

Products Liability: S.D. Codified Laws § 15-2-12.2 (3 years)

Workers’ Comp: S.D. Codified Laws § 62-7-35 (2 years from injury/knowledge)