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Welcome to Wrongful Death Attorneys South Dakota.com
Did You Know?
There is a statute of limitation on wrongful death suits.
Every state has its own ‘statute of limitation’, which is the maximum allowable time in which to file. After this time a claim may be denied. It is important that you speak with a lawyer as soon as possible to insure your rights.
When a loved one dies unexpectedly at work or at the hospital, family members are always left in shock. Naturally, one of the most difficult things to imagine is whether the person died because of someone else's negligence. But if this was the case in South Dakota, you may be able to recover damages in a wrongful death lawsuit. With the help of a wrongful death lawyer from South Dakota, your case will be handled quickly and efficiently.
Wrongful Death Facts
Wrongful Death Stats from 1989 thru 1998 per 100,000 population in South Dakota
Drowning US (rate)1.7
2.15
Falls US (rate)4.3
7.43
Poisoning US (rate)3.2
0.96
Fire and burn-related US (rate)1.6
2.11
Motor Vehicle, Traffic-Related US (rate)16.4
20.64
Source: National Center injury Provention and Control
South Dakota couple injured in railroad accident receive $1,081,655 in damages
(8/30/2002)
Julie and Erica Boomsma sustained injuries while driving through the town of Wolsey, South Dakota. Their car struck a flatbed railway car owned and operated by Dakota, Minnesota and Eastern Railroad Corporation. A jury awarded $1,081,655.28 for total
South Dakota wrongful death cases are usually brought on behalf of the deceased by his surviving spouse, child, or parent. There are numerous wrongful death situations that are recognized by each state's statutes.
Types of South Dakota wrongful death cases include:
Medical mistakes
Car or airplane accidents
Criminal attacks
Work-related exposure to dangerous conditions or substances
Death during a supervised activity
When your South Dakota wrongful death suit goes to court, judges and juries will decide your amount of damages based on pecuniary injury. That means they will look at how much money the family lost in terms of support, services, lost prospect of inheritance, and medical or funeral costs. Damage awards will also include interest from the date the family member died.
In cases where cruelty may have been involved, the courts might also consider punishing the person responsible for the South Dakota wrongful death. Usually, the laws regarding these punitive damages vary from state to state. Your South Dakota wrongful death lawyer will be able to tell you whether punitive damages will be considered.
Settlement in Wrongful Death Suit
Audio, RM, 8 Kbps, 3:25, 11/18/1999
From member station WBFO in Buffalo, New York, Mark Scott reports on the settlement of a wrongful death suit. The family of an African-American woman killed in a traffic accident had sought $150 million. The defendants, admitting no liability in the death, settled yesterday for a little more than $2.5 million. Source: National Public Radio
Definition:
An opponent. The defendant is the plaintiff's adversary.
Defendant
Definition:
The party being sued or the party accused of committing the offense charged.
Class action
Definition:
When different persons combine their lawsuits because the facts and the defendant are so similar. This is designed to save Court time and to allow one judge to hear all the cases at the same time and to make one decision binding on all parties. Class action lawsuits would typically occur after a plane or train accident where all the victims would sue the transport company together in a class action suit. Recent class actions have occurred against tobacco companies.
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Did You Know?
Wrongful Death Facts
UNITED STATES BANKRUPTCY COURT District of South Dakota