As car accident attorneys, we understand the importance of filing a lawsuit timely.  Many people make the mistake of thinking that they have a long time to file a lawsuit and can do so many years after the fact.  This is simply not the case.  Every state has various statutes of limitations that set forth the time within which a lawsuit much be commenced. These laws exist to ensure that a suit cannot be brought many years down the road when evidence has been lost, destroyed, or gone stale.  Statutes of limitation also benefit the other party in that they don’t have to worry about forever living with the fear of a lawsuit hanging over their heads.

In South Dakota, there are statutes of limitations of differing lengths, depending upon the nature of the claim.  This means that if you were hurt in a car wreck, you only have a specific amount of time in which to file a lawsuit or your claim may be barred.  In a typical car accident case, this time limit begins to run not from the date from when you sought treatment, but when you were in the wreck.  

There are a few advantages to filing your lawsuit timely:

• The evidence is fresh.  It is often difficult for witnesses to remember every detail of an accident years later.  Most peoples’ memories of events are better closer in time to the event.  Things like the weather, how fast cars were going, etc. are more likely to be clearer. As car accident attorneys, we want to know about these little details as soon as possible. 
• Locating evidence.  Not only do you need to remember what happened, but we need to gather evidence in order to prove it.  If you wait too long, evidence may lost or destroyed forever.  For example, a traffic sign may have been added or removed, or a retailer may have replaced the sidewalk or floor where you tripped.  Getting to the evidence early and documenting it is important.

• Speaking with witnesses.  Whenever possible, we will also interview witnesses.  Over time, their memory may fade and even if they remember being there, they may not recall as many details of what happened.  We want to speak with them as soon as possible in order to learn what they observed.