Frequently Asked Questions About South Dakota Wrongful Death Lawsuits

When a Sioux Falls resident is injured in an accident caused by another person or legal entity’s negligence, that resident can file a personal injury lawsuit and seek compensation for their losses. If a Sioux Falls resident dies from their injuries, however, then it is left to their estate and loved ones to file a wrongful death lawsuit, which is a special kind of personal injury claim recognized by South Dakota law.

The laws and rules surrounding wrongful death claims are often difficult for families to understand, especially during a time when they are struggling to cope with their loss and grief. Below are a few of the more common questions we get about South Dakota’s wrongful death laws. This FAQ is not a substitute for legal advice, of course, and you should speak with a qualified Sioux Falls wrongful death lawyer if you are thinking about filing a claim yourself.

What Is “Wrongful Death”?

Any “wrongful act, neglect, or default” that results in the death of a person is considered a “wrongful death” under South Dakota law. This includes the death of an unborn child. Basically, anyone the victim could have filed a personal injury lawsuit against had they lived can subsequently be sued for wrongful death.

Who Can File a Wrongful Death Lawsuit?

South Dakota law vests the authority to file a wrongful death claim with the personal representative (executor) of the victim’s estate. It may be necessary to open an estate for this purpose if the victim left no probate estate otherwise. The personal representative may also settle a potential wrongful death claim before filing an actual lawsuit.

Who Receives Compensation for a Wrongful Death Claim?

The personal representative acts to recover compensation on behalf of the victim’s spouse and children. If the victim was unmarried and had no children, then any compensation is paid to their parents and next of kin.

How Is Compensation Determined in a Wrongful Death Case?

Unlike a traditional personal injury lawsuit, which compensates the victim for their damages, a wrongful death case is primarily designed to compensate the victim’s surviving family members for their loss. This includes both measurable economic losses, such as the income the victim would have likely earned for the family had they lived, as well as the emotional trauma arising from the loss of the victim’s companionship, support, and guidance. Compensation can also include reimbursement for the costs of the victim’s final medical expenses and their funeral, burial, or cremation.

Contact a Sioux Falls Wrongful Death Lawyer Today

We understand that filing a wrongful death lawsuit is not the first thing on your mind following the sudden and unexpected death of a family member. But it is important to consider taking such action in order to secure your family’s financial security as well as hold the person or persons responsible for your loved one’s death legally accountable. If you need advice or representation from a qualified Sioux Falls wrongful death attorney, contact Hoy Law today at (605) 334-8900 to schedule a free consultation.

Source:

sdlegislature.gov/Statutes/21-5