Have you lost a loved one due to the negligent or willful actions of another? South Dakota has a cause of action for wrongful death under Section 21-5-1. This statute allows a wrongful death claim to proceed where a person’s death was “caused by the wrongful act, neglect or default of another,” and the deceased person would have been entitled to recover damages from the wrongdoer if he or she had survived.
A wrongful death suit can be raised by a wide range of sources when a fatality has occurred such as a car or truck accident, motorcycle or biking accident, nursing care or medical malpractice, and defective or dangerous products. These cases are often very technical and require the stewardship of a qualified attorney and this subject area is one where we are experts with South Dakota Law.
If you’ve lost a loved one and feel that their death has come at the negligence or irresponsibility of another then you need professional representation to help you navigate the technical complexities to maximize your compensation. Every case is different and due to the loss of life can be very highly contested by the other party. We’ll make sure that your case is fully in order and brought forward within the complexities of South Dakota laws. It is important to note that a wrongful death action in South Dakota can only be brought by or in the name of a personal representative of the decedent. Every state has its own rules about how wrongful death matters are handled. In South Dakota, some key examples are:
- Only the individual handling the estate may seek compensation legally. Many times, the descendent may have designated a proper representative give the inherent unexpected nature of these claims and this is another area where we can help you.
- A Wrongful Death claim can be made at the same time as a criminal proceeding in South Dakota.
- The law also dictates that the monies from wrongful death first of to the victim’s spouse and children.
It is complexities like this that mandate proper legal counsel to ensure that these matters are tended to with the full force of the law.
Once you’ve retained us, we will go to work for you and create a case with claims to make you whole and address areas of compensation that you have rights to receive. These include but are not limited to:
- Medical expenses related to the treatment of the deceased.
- Funeral and burial expenses which can be significant.
- Loss of income, financial support and other benefits.
- Loss of love, guidance and companionship.
- Emotional care which can be a lasting requirement especially in cases where children have lost a parent or a spouse is lost.
- Pain and suffering.
- Punitive damages can be available in cases where the other party was willing, knowing, malicious or reckless is causing the death of your loved one.
It is critical that you act fast and we understand the difficult time this presents your family and remaining loved ones. Please call us at (800)-XXX-YYYY and we’ll get on the case, protect your interests and ensure that your case get proper attention. We will take the pressure off you and fight to ensure that you are successful with your claim.