Depending on the unique circumstances of your case, it may be appropriate to seek compensation for the following considerations:
In addition to compensatory damages, a court may also impose punitive damages. Punitive damages follow a person’s reckless behavior or grossly negligent actions that resulted in a death. These damages serve to punish the offending party and discourage others from similar behavior. We review every case for punitive damages and diligently pursue them when appropriate.
In most cases, you have up to three years to file a wrongful death lawsuit in the state of South Dakota. To be more specific, it is three years from the date of the death. Three years feels like ample time, but it can pass faster than you imagine.
While the wrongful death process requires many steps, it’s hard to know what to do in the immediate aftermath of a loss. That’s why turning to an attorney is an important step. A skilled wrongful death attorney can educate you on your rights and the steps that you need to take. South Dakota’s wrongful death laws are complex, but you can get your deserved compensation.
If your loved one was killed in a car wreck, we will be there to support you through this difficult time. While we can’t ease your sorrow, we can help you find justice.
South Dakota law limits the possible plaintiffs in a wrongful death lawsuit to close family members of the deceased. This includes:
However, these people may not bring a lawsuit directly. The wrongful death lawsuit must be filed by a “personal representative” of the deceased’s estate.
While economic damages are straightforward calculations of the potential for lost income, noneconomic damages are far more subjective. How do you calculate that side of a loss? It’s a tricky question to answer and may require the assistance of a skilled attorney.