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Who Can File a South Dakota Wrongful Death Claim?

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Generally speaking, a wrongful death claim is a civil action in which a family member of the person who died files a suit against the person who allegedly caused the death. Wrongful death claims, while tedious and stressful, are important for allowing the family member of the deceased to be compensated for the wrongdoings of another.

Not just anyone can file a claim on behalf of the deceased. As explained by our Sioux Falls personal injury lawyers, in order to file a wrongful death claim you must be a relative. This may include:

• A spouse of the deceased
• A child of the deceased
• A parent of the deceased

As a part of a South Dakota wrongful death cause of action, an individual can claim compensation for:

• Punitive damages
• Loss of companionship
• Pain and suffering of the family members
• Loss of benefits, such as insurance and pension
• Loss of future earnings
• Expenses due to the death, such as medical costs and funeral expenses

For additional information on wrongful death claims in South Dakota, please read our library article, “Important Reasons for Filing a Wrongful Death Cause of Action in South Dakota.”

At Zimmer, Duncan & Cole, LLP, our South Dakota personal injury lawyers are available to help you if you lost a family member due to the negligent actions of another. Call our office at (888) 733-2992. Our attorneys work with clients throughout South Dakota. Let us show you how we can help. 

Category: Personal Injury


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