How long does a plaintiff have to file a slip and fall lawsuit?
In South Dakota, a plaintiff has a limited amount of time to file a slip and fall lawsuit. Generally, a lawsuit must be filed within three years of the date of the accident. This means that, if the accident occurred on July 1, 2020, the lawsuit must be filed before July 1, 2023. In some cases, however, the period of time to file a lawsuit may be shorter than three years. For example, if the defendant is a government entity such as the state or local government, then the plaintiff generally has just one year after the accident to file a lawsuit. This is due to South Dakota’s “statute of limitations” or time limits on filing a lawsuit. In addition to the statute of limitations, South Dakota also has a “discovery rule,” which states that the time limit for filing a lawsuit begins when the plaintiff knew or should have known of the injury. This means that if a person fails to find out about their injury until months or even years after the accident, they still have three years from the date they found out to file a lawsuit. Finally, if the plaintiff is a minor, their parent or guardian will have until the minor’s 19th birthday to file a lawsuit. This is because minors can’t legally file a lawsuit on their own. Therefore, it’s important to keep track of the time limit for filing a slip and fall lawsuit in South Dakota. If a lawsuit isn’t filed in time, the plaintiff will no longer be able to seek compensation for their injuries.
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