Wrongful Death Lawsuits in South Dakota
Who can bring a wrongful death claim in South Dakota, the deadline to file, and any limits on damages.
Short answer: The action is brought in the name of the personal representative of the person who died, for the exclusive benefit of the surviving spouse and children, or if there are none, the parents and next of kin. S.D. Codified Laws §§ 21-5-1, 21-5-5, 21-5-7
| Who can sue for wrongful death | The action is brought in the name of the personal representative of the person who died, for the exclusive benefit of the surviving spouse and children, or if there are none, the parents and next of kin. The jury awards damages proportionate to the pecuniary (financial) injury to those beneficiaries. A claim for the death of an unborn child is for the exclusive benefit of the mother or the married parents. |
|---|---|
| Wrongful death deadline | Three years after the death. Source: S.D. Codified Laws § 21-5-3 |
| Damage caps | No general statutory cap on damages in ordinary personal injury cases was found. A cap applies to general damages in medical malpractice cases. Source: S.D. Codified Laws § 21-3-11 |
More South Dakota personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in South Dakota
- Medical Malpractice Rules in South Dakota
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- Dog Bite Liability in South Dakota
- Slip, Trip and Fall Injuries in South Dakota
- Sidewalk and Public Property Falls in South Dakota
- Motorcycle Accident Claims in South Dakota
- Pedestrian Accident Claims in South Dakota
- Bicycle Accident Claims in South Dakota
- Uber and Lyft Accident Claims in South Dakota
- Truck Accident Claims in South Dakota
- Construction Site Injuries in South Dakota
- All South Dakota personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in South Dakota?
The action is brought in the name of the personal representative of the person who died, for the exclusive benefit of the surviving spouse and children, or if there are none, the parents and next of kin. The jury awards damages proportionate to the pecuniary (financial) injury to those beneficiaries. A claim for the death of an unborn child is for the exclusive benefit of the mother or the married parents.
How long do you have to file a wrongful death lawsuit in South Dakota?
Three years after the death.
Does South Dakota cap damages in personal injury cases?
No general statutory cap on damages in ordinary personal injury cases was found. A cap applies to general damages in medical malpractice cases.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.