Losing a loved one because of another persons or companys negligence is one of the most devastating experiences a family can face. If someone you love died due to a preventable accident near Brookings, South Dakota, Northern Plains Justice, LLP is here to help your family pursue justice and the compensation you deserve.
What Qualifies as Wrongful Death in South Dakota?
Under South Dakota law, a wrongful death claim arises when a person dies because of another partys negligent, reckless, or intentional conduct. Common causes near Brookings include:
- Fatal collisions on US-14 and I-29, covered in our guide to fatal car accidents in South Dakota
- Fatal slip and fall incidents on unsafe property
- Medical malpractice and hospital negligence
- Workplace accidents
Who Can File a Wrongful Death Claim in South Dakota?
South Dakota law allows the personal representative of the deceased persons estate to file a wrongful death lawsuit on behalf of surviving family members, including a spouse, children, and other heirs who depended on the deceased. Learn more about who can file a wrongful death lawsuit in South Dakota.
How Liability Is Determined
South Dakota uses a slight versus gross comparative fault standard, which affects wrongful death claims just as it does other injury cases. Our overview of how liability is determined in a South Dakota wrongful death claim explains how this standard applies when a defendant argues the deceased shared some fault.
How Long Do You Have to File?
Acting quickly protects your familys right to compensation. Our guide on how long you have to file a wrongful death claim in South Dakota explains the statute of limitations and the narrow exceptions that may apply.
Get Answers From an Experienced South Dakota Lawyer Today
What Compensation Can Families Recover?
South Dakota does not cap compensatory damages in wrongful death cases. Surviving family members may recover:
- Funeral and burial expenses
- Medical expenses incurred before death
- Loss of the deceaseds income and financial support
- Loss of companionship, guidance, and consortium
- Pain and suffering endured by the deceased before death
What to Do in the Days After a Loss
Grieving families often are not sure what steps to take first. Our guide on what to do in the days after a wrongful death in South Dakota walks through the practical and legal steps that protect your familys claim, including:
- Obtaining a copy of the police or incident report
- Preserving evidence and documentation related to the accident
- Avoiding recorded statements to insurance companies
- Consulting a wrongful death attorney as soon as possible
Get Answers From an Experienced South Dakota Lawyer Today
Why Choose Northern Plains Justice, LLP for Your Brookings Wrongful Death Case
Northern Plains Justice, LLP proudly represents grieving families throughout Brookings and greater South Dakota. We handle wrongful death cases on a contingency fee basis, which means your family pays no attorney fees unless we recover compensation on your behalf.
Frequently Asked Questions
Understanding this aspect of your case is essential to protecting your rights and maximizing your compensation.
How long do we have to file a wrongful death claim in Brookings, SD?
South Dakota generally gives families three years from the date of death to file a wrongful death lawsuit.
Who is entitled to compensation in a South Dakota wrongful death case?
The personal representative of the deceaseds estate typically files the claim on behalf of surviving family members, including a spouse, children, and other dependents.
Can the deceaseds own actions affect our familys claim?
South Dakota uses a slight versus gross comparative fault standard. If the deceased is found to share more than slight fault, it may reduce or bar the familys recovery.
How much does it cost to hire a Brookings wrongful death lawyer?
Northern Plains Justice, LLP handles wrongful death cases on a contingency fee basis. There are no upfront costs and no attorney fees unless we recover compensation on your familys behalf.
This article is provided for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Northern Plains Justice, LLP. Every case is different, and you should consult a qualified attorney about the specific facts of your situation.
