Aug, 2017

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posted in Uncategorized, Wilka, Welter & Ash LLP Law Blog.

Wrongful Death Lawsuit: How To Get Closure for Your Loved One

If you have recently lost a loved one to an accident not caused by their own faultiness, you might be eligible to take legal action with a wrongful death lawsuit – compensating you the monetary amount you and your family are due. An injury lawyer in Sioux Falls can help you get the justice your family deserves.

But, you might be wondering: what constitutes a scenario as a wrongful death?

Wrongful death is defined as a death resulting from another person’s default, neglect, or a wrongful act, according to South Dakota Codified Law. This could be caused by any of the following:

  • Work hazards
  • Medical malpractice
  • Vehicle accident
  • Toxic or dangerous products
  • Murder
  • Dangerous premises

Wrongful death is usually a result of someone’s carelessness or inattention to detail. These incidents typically arise from an incident which would result in personal injury, however, the person passed away as a result of the incident.

Is a wrongful death lawsuit right for you?

Oftentimes, in the event of a wrongful death, the deceased has passed away unexpectedly. An unexpected death of a loved one can throw your family into a whirlwind – someone will need to be appointed to manage the estate of the deceased. In the case that someone has not already been appointed, you must request someone be appointed by the court. Your injury lawyer in Sioux Falls will be there to guide you throughout the legal aspects of the process.

Under South Dakota law, the at-fault party in a wrongful death case is the party responsible for compensation for your family’s economic damages. These damages can include, but are not limited to:

  • Funeral and burial expenses
  • Lost wages and benefits, including retirement pay
  • Associated medical expenses in the case
  • Value of the household tasks performed by the deceased

In the case of a wrongful death, the claim is typically filed by the representative of the estate of the victim. A spouse can make a wrongful death claim on behalf of her or his deceased spouse, in all states. Parents may also make a wrongful death claim if one of their minor children is killed, and minors are eligible to collect compensation in the wrongful death case of their parents. However, the law can get a little fuzzy when it comes to adult children claiming wrongful death for their parents, and vice versa.

If you, or someone in your family, has recently lost a loved one in an accident that you feel might be classified as a wrongful death then an injury lawyer in Sioux Falls can help you.