Losing a loved one is devastating, especially when the death could have been prevented. In South Dakota, the law provides a path for surviving family members to pursue a wrongful death claim against the person or entity responsible. These civil cases allow families to seek financial compensation and a sense of justice during a difficult time.
Who Can File a Wrongful Death Claim in South Dakota?
In South Dakota, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This person may be named in the will or appointed by the court. While only one person files the claim, the compensation awarded benefits the deceased’s surviving spouse, children, or other heirs.
What Qualifies as a Wrongful Death?
A wrongful death occurs when someone dies due to another party’s negligent, reckless, or intentional actions. Common examples include:
- Fatal car or truck crashes
- Medical errors or negligence
- Workplace incidents
- Defective or dangerous products
- Dangerous property conditions
- Physical assault or criminal acts
If the deceased could have pursued a personal injury claim had they survived, a wrongful death claim is usually valid.
What Types of Compensation Are Available?
Wrongful death compensation in South Dakota may include:
- Medical expenses resulting from the fatal injury
- Funeral and burial costs
- Loss of future income and financial support
- Loss of companionship, care, and guidance
- Emotional distress of surviving family members
In some cases, punitive damages may also be awarded to punish the defendant for extreme negligence or wrongdoing.
What Is the Statute of Limitations?
In South Dakota, you typically have three years from the date of death to file a wrongful death claim. If the case involves medical malpractice or a government entity, different deadlines may apply, so it’s important to consult an attorney as soon as possible.
Failing to file within the statute of limitations can result in losing the right to recover compensation.
Car Accidents and Wrongful Death in South Dakota
Car crashes are among the leading causes of accidental deaths in South Dakota. If your loved one died in a traffic accident caused by another driver’s negligence—such as distracted driving or speeding—you may have grounds for a wrongful death lawsuit.
South Dakota follows a modified comparative negligence rule. As long as the deceased was less than 50% at fault, the family may still recover damages. The total award will be reduced based on the deceased’s share of fault.
Fatal Workplace Accidents and Third-Party Claims
If someone dies in a workplace accident, their family may be entitled to workers’ compensation death benefits, which cover funeral expenses and a portion of lost wages.
However, if a third party (such as a contractor, equipment manufacturer, or another company) contributed to the accident, the family may also file a wrongful death lawsuit for additional compensation.
Frequently Asked Questions About Wrongful Death in South Dakota
Can I file a wrongful death claim if no criminal charges were filed?
Yes. Wrongful death lawsuits are civil cases and do not depend on the outcome of any criminal proceedings. The standard of proof is also lower in civil court.
Who receives the compensation?
While the personal representative files the claim, compensation is typically distributed to the surviving spouse, children, or other heirs in accordance with state law.
Can I file a claim if the deceased had no will?
Yes. The court can appoint a personal representative to act on behalf of the estate and pursue the wrongful death claim.
What if the deceased shared fault in the accident?
South Dakota allows recovery as long as the deceased was less than 50% at fault. Any compensation will be reduced by their share of the fault.
Talk to a South Dakota Wrongful Death Attorney
If your loved one died due to someone else’s negligence, you may have the right to file a wrongful death claim in South Dakota. A qualified attorney can guide you through the process, help you understand your legal rights, and work to secure the compensation your family deserves. Reach out today for a confidential consultation.