Wrongful Death actions are brought on behalf of the wife or husband and children, if there are no spouses or children, then the parents or next of kin. A wrongful death action must be brought by the personal representative of the deceased.

The damages that are allowed in a wrongful death action are “pecuniary loss” damages. Pecuniary loss is the value of money, goods and services that the “real parties in interest” (spouse, children, next of kin) might reasonably have expected to receive from the decedent had the decedent lived. This takes into account: past contributions, age, health, services in the home, counsel, guidance, and aid, among other things. Additional damages include: loss of advice, assistance, companionship, society and protection. See South Dakota Civil Pattern Jury Instruction 50-30-et al. 2010.

South Dakota law does not permit the award of damages for the sorrow, mental distress, and grief relatives may have suffered by reason of the death of the decedent. See South Dakota Civil Pattern Jury Instruction 50-30-40.

When a family member or spouse dies due to someone else's negligence is one of life's most difficult times. Our office has helped parents, spouses and children through the legal issues that arise during such times. Unfortunately, some insurance adjusters are aware of the severe stress these claims put on surviving friends and families and offer settlements far below the real value of the claim. Hiring an experienced law firm allows you the opportunity to deal with the grief of the loss knowing that the legal claim is being preserved and your rights and interests are being represented. Please call our office if you wish to discuss your case.