Rapid City Wrongful Death Lawyers
Compassionate Wrongful Death Representation in Rapid City
Wrongful death occurs under South Dakota law when someone dies due to another’s “wrongful act, neglect, or default.” If the deceased person had lived, he or she would have had the right to pursue a personal injury claim against the negligent party or parties. Since the injury resulted in death, someone else must step in to file a civil claim for the compensation owed to the deceased. Under South Dakota law, this person is the personal representative of the decedent’s estate who files a wrongful death claim for appropriate damages.
Key Insights into Wrongful Death Claims in South Dakota
Filing a wrongful death claim can often be a traumatizing experience for the survivors who have lost a family member. Often the personal representative is a family member who will likely re-experience the pain and loss of the decedent’s death while undergoing the legal process. However, this can be avoided with the help of Zephier & LaFleur. Our firm can handle the civil claim for you; we are backed by decades of experience resolving such cases for South Dakotans, including Native Americans on our local reservations.
Get Your Free Consultation with Zephier & LaFleur Today
Book your free initial consultation with a Rapid City wrongful death attorney by calling Zephier & LaFleur at (605) 349-1993or sending us your contact details online.
Understanding Wrongful Death Claims in South Dakota
Wrongful death claims commonly arise from traffic accidents or other incidents in which negligence, malice, or some form of wrongdoing was the cause of the person’s death.
Wrongful death claims seek damages that will eventually go to the decedent’s survivors, such as spouses and children or, absent these, parents or next of kin. In the cases of wrongful death against an unborn child, the damages will go to the mother or the married parents of the child.
Wrongful death claims are subject to a statute of limitations that gives you three years from the date of the death to file your claim with the court. If you fail to meet this deadline, you will forfeit your right to seek compensation.
These claims are civil matters that are separate from any criminal charges brought against the wrongdoer. Criminal charges result in criminal penalties, such as jail time, fines, and probation. They do not take into consideration monetary compensation for the survivors.
Potential Damages in a South Dakota Wrongful Death Claim
Your damages in a South Dakota wrongful death claim may include:
- Loss of the income and future earning capacity of the deceased
- Loss of the affection, comfort, support, and guidance of the deceased
- Loss of any household services provided by the deceased
- Pecuniary damages (all quantifiable economic damages)
- Punitive damages
- Life insurance claims
- Medical and burial expenses
- Estates
- Pension claims
- Social security benefits
- Property damage (if applicable)
Learn more about how our Rapid City wrongful death lawyer can help you. Call (605) 349-1993or contact us online today!
Commonly Asked Questions
What is a wrongful death lawsuit in South Dakota?
A wrongful death lawsuit in South Dakota is a legal action taken when a person dies due to the wrongful act, neglect, or default of another party. This type of claim allows the personal representative of the deceased's estate to seek compensation for damages that the survivors have suffered as a result of the death. The claim can cover various losses, including lost income, emotional suffering, and funeral expenses. It's essential to understand that these claims must be filed within three years of the date of death, as failing to do so can result in losing the right to seek compensation.
Who can file a wrongful death claim in Rapid City?
In Rapid City, the personal representative of the deceased's estate is the individual authorized to file a wrongful death claim. This person is often a family member, such as a spouse or child, who has been appointed to manage the estate. The claim is filed on behalf of the survivors, including spouses, children, or parents, to seek compensation for their losses. It's crucial for the representative to act promptly, as there is a statute of limitations that requires the claim to be filed within three years of the death.
What types of damages can be claimed in a wrongful death lawsuit?
In a wrongful death lawsuit in South Dakota, various types of damages can be claimed. These may include loss of income and future earning capacity of the deceased, loss of companionship and emotional support, and any household services that the deceased provided. Additionally, the claim can cover medical expenses incurred before death, funeral and burial costs, and potential punitive damages if the wrongful act was particularly egregious. Understanding the full scope of damages available is essential for ensuring that survivors receive fair compensation.
How long do I have to file a wrongful death claim in South Dakota?
In South Dakota, you have three years from the date of the deceased's death to file a wrongful death claim. This statute of limitations is critical, as failing to file within this timeframe can result in losing the right to seek compensation altogether. It is advisable to consult with a legal professional as soon as possible after the death to ensure that all necessary steps are taken in a timely manner. This will help protect your rights and ensure that you can pursue the compensation you deserve.
Why should I choose Zephier & LaFleur for my wrongful death claim in Rapid City?
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