What Is the Difference Between a Wrongful Death and Survival Claim in South Dakota?

Many South Dakota residents are injured in accidents caused by someone else’s negligent action. If you are such an accident victim, you can generally file a personal injury lawsuit against the responsible parties to seek economic and non-economic damages. Such compensation is meant to try and “make you whole” for what happened.

Tennessee Widow Sues South Dakota Employer Following Husband’s Fatal Silo Accident

Of course, when someone is killed in an accident, they obviously are not in a position to seek or receive compensation. South Dakota law therefore allows for two distinct types of legal claims in such cases. The first is a wrongful death lawsuit. The second is a survival action. There is sometimes confusion as to the differences between the two (indeed, many non-lawyers assume they are the same thing) so here is a brief explanation.

Let’s take a recent lawsuit filed in South Dakota federal court, Dalzell v. Heartland Tank, Inc. This tragic case began with the death of two men hired to do repair work on a silo in Volga, South Dakota. One of the men, Larry Dalzell, was a Tennessee resident survived by a wife and five children.

The fatal accident occurred on September 7, 2024. Dalzell and a co-worker, Randi Vandekieft, were working on the silo, which was owned by Heartland Tank, Inc. Heartland allegedly failed to properly ventilate the silo or provide Dalzell and Vandekieft with working safety equipment. While working, Dalzell became trapped in the silo, and due to the lack of ventilation died. Vandekieft also became trapped and died when he made a failed attempt to rescue Dalzell.

Dalzell’s widow subsequently filed both a wrongful death and survival action against Heartland Tank in South Dakota federal court. (Federal courts often handle personal injury cases where, as here, the parties are residents of different states.) The wrongful death action seeks compensation for Dalzell’s widow and children. Essentially, they are demanding compensation for their own losses, both financial and emotional, as a result of their husband and father’s death.

The survival action, in contrast, seeks compensation for the injuries that Dalzell himself suffered from when he became trapped in the silo until he died. Put differently, the survival action is meant to address Dalzell’s pain and suffering as opposed to that of his family, who are covered by the wrongful death action.

In a successful survival action, any compensation is paid to the victim’s estate and not directly to the family. The estate must then distribute such funds in accordance with the terms of the victim’s will. If the victim left no will, the inheritance laws of the state they lived in would decide how to distribute the survival action proceeds.

Contact a Sioux Falls Wrongful Death Lawyer Today

Money is never a replacement for a lost spouse or parent. But the impact of such a death on your family’s long-term financial security often cannot be ignored. That is where filing a wrongful death or survival action comes into play. Our Sioux Falls wrongful death attorneys can review your case and explain your options for seeking compensation. Contact Hoy Law today at (605) 334-8900 to schedule a free consultation.

Source:

storage.courtlistener.com/recap/gov.uscourts.sdd.84374/gov.uscourts.sdd.84374.1.0.pdf