What is South Dakota's law on survival action?

Causes of action survive the death of the plaintiff. (SDCL § 15-4-1)

South Dakota law

Wrongful Death Laws in South Dakota.

South Dakota's wrongful-death statute (SDCL Chapter 21-5) permits recovery by the personal representative for the benefit of the decedent's spouse, children, parents, and statutory beneficiaries. Damages include pecuniary losses, loss of companionship, and pre-death pain and suffering. The 3-year statute of limitations applies. South Dakota's distinctive slight/gross comparative fault rule applies.

Last verified: 2026-04-17

State law

Statute of Limitations

3 years from date of deathSDCL § 21-5-3

Wrongful death actions must be filed within 3 years of the date of death.

State law

Key South Dakota Statutes

Wrongful Death ActSDCL Chapter 21-5

Action brought by the personal representative for the benefit of statutory beneficiaries. Damages include pecuniary losses, loss of companionship, and pre-death pain and suffering.

Survival ActionSDCL § 15-4-1

Causes of action survive the death of the plaintiff.

State law

Official Sources

South Dakota Codified Laws

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in South Dakota.

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Wrongful Death Laws in South Dakota.

Statute of Limitations

Key South Dakota Statutes

Official Sources

Not Legal Advice

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