If you have lost a loved one due to someone else’s negligence in South Dakota, understanding your legal rights is a critical first step toward justice. This guide covers South Dakota’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. South Dakota provides no caps on wrongful death damages and a 3-year filing window, giving families a strong foundation for pursuing full compensation.
South Dakota Wrongful Death Laws
The South Dakota Wrongful Death Statute
South Dakota’s wrongful death law is governed by South Dakota Codified Laws § 21-5-1. The statute requires the Personal Representative of the deceased’s estate to file the claim.
Who Can File
The Personal Representative of the deceased’s estate must file.
Statute of Limitations
South Dakota imposes a 3-year statute of limitations, measured from the date of death.
Recoverable Damages
South Dakota allows recovery for pecuniary loss, loss of support, loss of companionship, and funeral expenses. For general wrongful death claims, there are no caps on damages. Medical malpractice wrongful death claims are subject to a $500,000 cap on non-economic damages under South Dakota Codified Laws § 21-3-11. Economic damages such as lost future earnings and medical expenses remain fully uncapped in all cases.
Survival Action
South Dakota maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in South Dakota
1. Turbak Law Office, P.C.
Location: Watertown, SD (Serving statewide)
Phone: (800) 509-5000
Website: https://turbaklaw.com
One of South Dakota’s most aggressive and well-recognized personal injury firms. Because SD has no damage caps, they take full advantage by deploying leading economists and life-care planners to project the maximum lifetime financial and companionship losses for surviving family members, consistently securing the largest wrongful death recoveries in the state.
2. Cutler Law Firm, LLP
Location: Sioux Falls & Rapid City, SD
Phone: (605) 338-5577
Website: https://cutlerlawfirm.com
A deeply established trial firm with decades of experience in South Dakota’s courts. They provide comprehensive estate and probate support to efficiently appoint the Personal Representative and are highly skilled at running the separate survival action alongside the wrongful death claim to maximize total recovery from negligent defendants.
3. Lynn, Jackson, Shultz & Lebrun, P.C.
Location: Sioux Falls & Rapid City, SD
Phone: (605) 332-5999
Website: https://lynnjackson.com
One of South Dakota’s largest and most well-respected full-service firms. Their personal injury team handles high-value wrongful death cases involving commercial trucking, agricultural machinery, and severe highway accidents – the types of incidents most common in South Dakota’s rural economy.
Frequently Asked Questions
Are there caps on damages in South Dakota?
For general wrongful death claims – auto accidents, trucking crashes, premises liability – South Dakota imposes no caps on damages. For medical malpractice wrongful death claims, South Dakota Codified Laws § 21-3-11 caps non-economic damages at $500,000. Economic damages remain fully uncapped regardless of case type.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 3-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
South Dakota’s no caps framework and 3-year filing window provide families with strong legal tools. The firms listed above have the expertise to pursue maximum recovery. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.