Wrongful Death Lawsuits in South Dakota

Learn about wrongful death claims in South Dakota -- what they are, who can sue, and what damages are recoverable.

In this article, we'll examine a few key points of South Dakota law as it applies to  wrongful death claims. We'll start with how the state defines wrongful death and who is allowed to bring this kind of lawsuit to court. Then, we'll examine the damages available in a wrongful death case and the time limits for getting the case filed in South Dakota's court system.

What is "Wrongful Death" in South Dakota?

Section 21-5-1 of the South Dakota Codified Laws  defines a "wrongful death" as a death caused by the "wrongful act, neglect, or default" of another. A wrongful death claim is available in any situation in which the deceased person would have had a claim for personal injury if he or she had lived. However, because the injured person is no longer available to bring the claim to court, another party must do so in order to protect the interests of those harmed by the wrongful death. That brings us to our next topic.

Who May File a South Dakota Wrongful Death Case?

A South Dakota wrongful death lawsuit must be brought to court by the personal representative of the deceased person's estate. The personal representative is the person who is appointed by the court to wrap up the affairs of the deceased person's estate.

If the deceased person had an estate plan, the estate plan may name a personal representative. If the named personal representative cannot or does not wish to serve, or if the deceased person had no estate plan, the court may name a personal representative.

Although filing the wrongful death claim is the job of the personal representative, any damages recovered in the wrongful death claim belong to the deceased person's surviving spouse and children. If there is no surviving spouse or child, the damages belong to the deceased person's surviving parents or next of kin. If the deceased person was an unborn child, the damages belong to the child's natural parent or parents.

Damages in South Dakota Wrongful Death Cases

In a wrongful death claim, liability is expressed solely in terms of money damages.  Wrongful death damages  are available to compensate for a number of different types of losses, but they can generally be sorted into two categories: damages the surviving family members suffered due to the loss of their loved one, and damages the estate suffered as a result of the untimely death.

Damages available for surviving family members include:

  • loss of love, companionship, comfort, advice, guidance, affection, and moral support
  • the value of household services the deceased person would have provided if he or she had lived, and
  • the value of financial support the surviving family members would have received from the deceased person if he or she had lived.

Damages available to the estate include:

  • reasonable medical expenses related to the deceased person's final illness or injury
  • funeral and burial expenses, and
  • lost wages and benefits, including the value of the wages and benefits the deceased person could reasonably have been expected to earn if he or she had lived.

South Dakota also allows punitive damages to be awarded in wrongful death cases. Unlike other types of damages, punitive damages are not awarded to compensate the estate or family for its losses. Rather, punitive damages are awarded when a death results from intentional or particularly reckless or egregious conduct. Their purpose is both to punish the defendant for bad conduct and to send a message to similar defendants that such behavior will not be tolerated.

Time Limits for Filing Wrongful Death Claims in South Dakota

South Dakota's statute of limitations provides a limited window of time in which to file a wrongful death claim in the state's courts.  South Dakota Codified Laws section 21-5-3  specifies that a wrongful death claim must be filed withinthree years  of the date of the deceased person's death.

A wrongful death claim may be filed even if a criminal case is proceeding based on the same events that led to the death. Unlike a criminal case, which is filed by the prosecuting attorney, a wrongful death case must be filed by the personal representative directly. Also, if the defendant in a criminal case is found guilty, he or she may face penalties like imprisonment or fines, whereas in the wrongful death case, liability is expressed solely in terms of money damages. Learn more about  Proving Wrongful Death in a Civil Case.

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