Sioux Falls Wrongful Death Attorneys

Caring Guidance Throughout South Dakota

Losing a loved one is a profound tragedy. When that loss arises from someone’s negligence, the pain can intensify. At King Law Firm, we understand the deep emotional and financial strain this places on families. We can provide compassionate, knowledgeable, and dedicated legal support to help you navigate this difficult time and seek the justice your loved one deserves.

Located in Sioux Falls, South Dakota, King Law Firm, is known for an unwavering commitment to those we serve. We pride ourselves on our thorough and meticulous approach to each case, ensuring every client receives the attention and support they need. Se habla Español.

We can help. Call our wrongful death lawyers in Sioux Falls at (605) 250-3209 or fill out our online contact form to schedule your free initial consultation.

Understanding Wrongful Death Claims

A wrongful death claim arises when a person dies due to the negligent, reckless, or intentional actions of another party. Under South Dakota law, wrongful death is defined as a death caused by the wrongful act, neglect, or default of another.

Wrongful death legal claims are brought to hold the responsible party accountable and to provide financial compensation to the deceased’s surviving family members.

Frequent Causes of Wrongful Death

Wrongful death can occur in a variety of circumstances, and it’s essential to understand the common scenarios where this tragic outcome may arise.

Some of the most common causes of wrongful death claims include:

• Car accidents: Negligent or reckless driving, including DUI incidents, can result in fatal accidents
• Workplace accidents: Unsafe working conditions or failure to follow safety protocols can lead to fatal injuries
• Product liability: Defective or dangerous products can, unfortunately, cause injuries that result in death
• Nursing home abuse: Neglect or abuse of someone in a nursing home is another frequent cause of wrongful death

These and other incidents can lead to a wrongful death claim as they often result from negligence or intentional harm.

Emotional & Financial Impact of Wrongful Death

The emotional toll of losing a loved one is immeasurable. Beyond the psychological pain, there are often significant financial burdens. Securing compensation through a wrongful death claim can help alleviate these hardships while offering some measure of justice.

Types of compensation may include:

• Economic damages: These damages can cover funeral expenses, medical bills incurred before death, and the deceased’s lost income.
• Noneconomic damages: This can provide families with compensation for their pain and suffering, loss of companionship and emotional distress.
• Punitive damages: In cases of extreme negligence or intentional harm by the responsible party, punitive damages may be awarded to punish the wrongdoer.

This financial coverage helps to ensure families are not left financially devastated by their tragic loss.

Legal Rights of Survivors

In wrongful death cases, surviving family members have specific legal rights. Immediate family members, such as spouses, children, and parents, are generally eligible to file a wrongful death claim.

Claims can address various impacts, including loss of companionship, which acknowledges the emotional support and affection that family members have lost. Compensation may also include funeral expenses and lost income to help the family continue making ends meet after their loved one’s passing.

Additionally, claims can speak to other economic and noneconomic losses, providing comprehensive support to help survivors cope with their loss.

FAQ: South Dakota Wrongful Death Claims

Answers to common questions survivors ask about wrongful death can help clarify your situation and provide guidance for critical next steps.

What is the statute of limitations for filing a wrongful death claim in South Dakota?

The statute of limitations for filing a wrongful death claim in South Dakota is generally three years from the date of the deceased person’s death. It is crucial to act promptly to ensure your claim is filed within this period.

How is liability determined in a wrongful death case?

Legal responsibility is determined by establishing that a party’s negligent, reckless or intentional actions directly caused the death. This involves gathering persuasive evidence, collecting witness testimonies, and creating a strong argument for justice.

What evidence is needed to support a wrongful death claim?

Evidence typically includes medical records, accident reports, witness statements and any documentation that shows the defendant’s negligence or wrongful act. Additionally, expert testimony may be required to establish causation and the extent of damages.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim is brought by the surviving family members to seek compensation for their individual losses. A survival action is brought by the estate of the deceased to seek compensation for any pain and suffering the victim experienced before their death.

Both actions can be pursued concurrently to ensure comprehensive compensation for the family and the deceased’s estate.