All Laws Decoded

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 deathThe 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 deadlineThree years after the death.
Damage capsNo general statutory cap on damages in ordinary personal injury cases was found. A cap applies to general damages in medical malpractice cases.

More South Dakota personal injury & wrongful death

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.