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Who Can File a Wrongful Death Claim in South Dakota?


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2/18/2013
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You can file a wrongful death lawsuit in South Dakota if you lost your loved one due to the unlawful actions of another. However, simply because you are related to the deceased—or, a close friend of the deceased—does not mean you are entitled to file a wrongful death claim. Wrongful death claims can be complicated. We encourage you to read our library article “What Is a Wrongful Death Claim in South Dakota?” to learn more. 

Who is entitled to file a wrongful death claim?

  • A spouse
  • Children
  • Parents of unmarried children, if next of kin
  • Parents of an unborn child
  • Executor of the estate on behalf of the beneficiaries of the estate


A wrongful death claim is a civil suit. In South Dakota, it must be brought within three years after the death of the family member.

The South Dakota personal injury and wrongful death attorneys at Zimmer, Duncan & Cole, LLP, understand the complexities involved with filing a wrongful death claim. We also know how hard it is to lose a loved one, and then relive the pain through a lawsuit. The attorneys at Zimmer, Duncan & Cole, LLP, will handle the case for you so you can focus on mourning and finding healing for yourself.

If you live in South Dakota, call our office toll-free at (888) 733-2992 to speak with one of our experienced attorneys about your case. Our compassionate attorneys will discuss the details of your situation in a private, confidential case consultation, which we offer for free to new clients as our way of introducing the firm.



Category: Personal Injury

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