Personal Injury Complaint - Auto Accident - South Dakota

South Dakota Personal Injury Updated October 28, 2026 Free Word and PDF

COMPLAINT FOR DAMAGES — MOTOR VEHICLE COLLISION

IN THE CIRCUIT COURT OF SOUTH DAKOTA, [JUDICIAL CIRCUIT]
[COUNTY] COUNTY

Party Role
[PLAINTIFF NAME] Plaintiff
v.
[DEFENDANT NAME] Defendant

Civil No. [____________]
JURY TRIAL DEMANDED

Plaintiff alleges:

Parties, jurisdiction, and venue

  1. Plaintiff [PLAINTIFF NAME] resides in [CITY, STATE]. Defendant [DEFENDANT NAME] resides in [CITY, STATE] and may be served at [SERVICE ADDRESS].

  2. This action seeks damages for personal injury arising from a motor vehicle collision. The circuit court has original jurisdiction under S.D. Const. art. V, § 5 and SDCL § 16-6-9(2).

  3. Venue is proper in [COUNTY] County under SDCL § 15-5-8 because [THE INJURY OCCURRED / THE CAUSE OF ACTION AROSE] there.

Facts

  1. On [DATE], at [LOCATION], Plaintiff drove [VEHICLE] in [DIRECTION OR LANE]. Defendant drove [VEHICLE] in [DIRECTION OR LANE].

  2. [DESCRIBE THE COLLISION AND THE SPECIFIC ACTS OR OMISSIONS BY DEFENDANT, SUCH AS FAILURE TO KEEP A LOOKOUT, CONTROL THE VEHICLE, OR ADJUST SPEED TO CONDITIONS].

  3. Defendant's conduct caused the collision and Plaintiff's injuries. Plaintiff sustained [INJURIES] and incurred [MEDICAL EXPENSES, LOST EARNINGS, PROPERTY LOSS, AND OTHER PROVEN LOSSES].

  4. The cause of action accrued on [DATE]. This action is filed on [DATE] within the applicable period under SDCL § 15-2-14(3), subject to any special limitation or tolling rule that applies to these facts.

Count I — Negligence

  1. Plaintiff repeats paragraphs 1 through 7. As a driver using a public highway, Defendant owed reasonable care under the circumstances, including care to maintain control and avoid a collision within the driver's range of vision. Zerfas v. AMCO Insurance Co., 2015 S.D. 99, ¶ 15.

  2. Defendant breached that duty by [SPECIFIC CONDUCT]. That breach caused the collision and Plaintiff's injuries and losses.

  3. Plaintiff denies contributory negligence. Alternatively, any contributory negligence was slight in comparison with Defendant's negligence. Plaintiff seeks recovery reduced, if required, in proportion to that negligence under SDCL § 20-9-2.

Damages and relief

  1. Plaintiff seeks compensation for proven economic loss, pain and suffering, and supported future loss.

  2. If the evidence supports oppression, fraud, or malice within SDCL § 21-3-2, Plaintiff requests exemplary damages. Before punitive discovery or submission of that request to the factfinder, Plaintiff will seek the hearing and finding required by SDCL § 21-1-4.1.

Plaintiff requests judgment for compensatory damages in an amount proved at trial; exemplary damages only if legally supported and permitted after the required hearing; interest and costs as allowed by law; and other appropriate relief.

Jury demand

Under SDCL § 15-6-38(a)-(b), Plaintiff demands a jury trial on all issues triable of right by a jury.

Date: [__/__/____]

__________________________________
[ATTORNEY NAME], SD Bar No. [____]
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Plaintiff

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About this template

Last updated
October 28, 2026
Citations checked
October 28, 2026
Jurisdiction
South Dakota
Category
Personal Injury

Legal authority

  • S.D. Const. art. V, § 5
  • SDCL § 16-6-9 (circuit court original civil jurisdiction)
  • SDCL § 15-5-8 (venue for damages to persons or property: injury or cause county)
  • SDCL § 15-2-14(3) (three-year statute of limitations for personal injury)
  • SDCL § 20-9-2 (slight/gross comparative negligence)
  • SDCL § 21-1-4.1 (clear-and-convincing reasonable-basis finding before punitive-damages discovery/submission to jury)
  • SDCL § 21-3-2 (exemplary damages)
  • SDCL § 15-6-38(a)-(b) (civil jury right and demand)

Personal injury cases are brought by people who were hurt because of someone else's carelessness: car crashes, slip and falls, defective products, and more. Demand letters, settlement agreements, and court filings in these cases have to document the injuries, the medical treatment, the lost income, and the exact legal basis for holding the other side responsible. Well-prepared paperwork is what drives higher settlements and forces insurers to take the claim seriously.

Not legal advice

This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Checked against the law it cites

A reviewer verified this template's legal citations against the official source on October 28, 2026.

S.D. Const. art. V, § 5 (checked October 28, 2026): "The circuit courts have original jurisdiction in all cases except as to any limited original jurisdiction granted to other courts by the Legislature."

SDCL § 16-6-9(2) (checked October 28, 2026): "The circuit court has original jurisdiction as follows: (1) In all actions or proceedings in chancery; (2) In all actions at law and in equity;"

SDCL § 15-5-8 (checked October 28, 2026): "Actions for conversion of personal property, or for the recovery of damages to persons or property, may at the option of the plaintiff be brought and tried in the county where the damages were inflicted or the cause of action arose."

SDCL § 15-2-14 (checked October 28, 2026): "the following civil actions other than for the recovery of real property can be commenced only within three years after the cause of action shall have accrued:"

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