Rapid City Wrongful Death Attorney
Understanding Wrongful Death Litigation in South Dakota
When people, companies, and other entities are careless, negligent, or reckless, they can cause serious injury to others. In the most tragic of cases, these injuries ultimately prove fatal. For surviving family members, knowing a loved one’s death was preventable can make the grieving process that much more complicated and challenging.
At Beardsley, Jensen & Lee, we understand that no amount of financial recovery can “compensate” you for your loss. However, by filing a wrongful death lawsuit against the liable person or party, you can seek fair compensation for unexpected financial losses you have endured as a result of your loved one’s death. You can also fight to recover for intangible losses and obtain a sense of justice that allows you and your family to heal.
Continue reading to learn more, or contact our Rapid City wrongful death attorneys at Beardsley, Jensen & Lee for a free consultation about your potential case: (605) 777-7466.
Common Types of Wrongful Death Incidents
Wrongful death claims can arise in relation to a variety of fatal accidents and incidents, including:
Who Can File a Wrongful Death Lawsuit?
First, to bring a wrongful death claim in South Dakota, you must have grounds to do so. The state defines “wrongful death” as any death occurring due to another person or party’s wrongful or negligent conduct or default. In other words, if the person who died (known as the “decedent”) would have had grounds for a personal injury claim had they lived, the death is likely considered wrongful.
Additionally, South Dakota has specific rules regarding who may file a wrongful death lawsuit. Only the personal representative of the decedent’s estate may bring the claim. If the decedent died without a will/without naming a personal representative, the court will likely appoint one.
The personal representative files the wrongful death claim, but damages are sought on behalf of the estate, as well as the decedent’s surviving:
- Spouse
- Children
- Parent(s)
- Next of kin
When an unborn child dies and the death is considered wrongful, damages can be sought on behalf of the child’s “natural” parents.
- Related Reading: Who Can File a Wrongful Death Claim in South Dakota?
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Even before I became a client I was taken care of. It was a long battle but I can honestly say I never felt worried, I knew I had an entire team working for me. It didn't matter at what point we were in the legal process, I was always well protected.- Shannon H.
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This was my second case working with the Beardsley Law Team after an auto collision. They were knowledgeable, professional, and personable and kept me informed every step of the way. They are amazing!- Deanine R.
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Brad Lee and his team are amazing and really stood up for us when we needed it! We always knew what was happening and he always took the time to explain the process and set clear expectations. No question or concern was too small.- Brad & Tara F.
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I was in a severe workplace accident. Became permanently disabled. I lost everything. The team of Beardsley, Jensen & Lee went to bat for me. They answered every question I had. I do not know what I would have done without them.- Troy H.
