What is the statute of limitations for filing a spinal injury lawsuit?
The statute of limitations for filing a spinal injury lawsuit in South Dakota is three years from the date of the injury. This means that a plaintiff must bring a legal action within three years after the date of the incident that caused the injury. In South Dakota, the statute of limitations for medical malpractice is also three years. In instances of medical malpractice causing a spinal injury, the plaintiff must bring a lawsuit within three years from the date of the injury or from the date of discovering the injury, whichever is later. If an injured person does not bring a lawsuit within three years, they may be unable to seek legal recourse and their claims may be barred by the statute of limitations. The statute of limitations is a strict timeline and courts may refuse to hear cases filed after the legal deadline. In certain cases, the three-year statute of limitations may be suspended. For example, if a defendant moves out of the state or hides from service, the statute of limitations may be tolled, or paused, until service can be properly performed. If this happens, the plaintiff may have more time to file a spinal injury lawsuit. It is important for any injury victim to understand their timeline for filing a personal injury lawsuit. If you or a loved one has suffered a spinal injury, seeking legal advice from an experienced attorney is the best way to ensure that your rights are protected.
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