"After I was severely injured in a car accident, I had medical bills piling up and I was getting nowhere with the insurance company. As soon as I met with Jared I knew he would work hard for me and get me the recovery I needed. He took action right away by negotiating with the insurance company and preparing the case for trial. I am so pleased with the way Jared handled my case. It was comforting to know that he was handling everything so I could focus on my recovery. Thank you Jared!" - Shelly.
We are sorry if the death of a loved one has brought you to this page.
We developed this web page to assist those who face the life-altering emotional and financial consequences of losing a loved one because of another’s negligence or misconduct. Although we remain sensitive to our client’s emotional needs during this difficult time, our priority is taking care of their future financial requirements.
If you feel that your loved one has died because of someone else’s negligent, reckless or careless behavior, contact us as soon as possible. Prompt investigation of your case is critical.
Our attorneys are familiar with the physical, emotional and financial damage that wrongful death can cause. We are a team of legal professionals that has provided skilled, aggressive and ethical legal services to residents of South Dakota for more than 25 years.
Wrongful Death and Damages
In legal terms, wrongful death refers to a death that occurred because of the negligence or misdeeds of another person, corporation or other entity. A wrongful death action seeks to hold an individual, group or corporation accountable for causing the death of another person. The primary goal of a wrongful death action is to provide relief to the deceased loved ones and to deter the wrongdoer from inflicting further harm on others. In a wrongful death action, consideration is given to the earnings the deceased would have provided to their family had they lived, and damages are awarded to survivors based on this monetary loss.
State laws vary as to who may pursue a wrongful death claim. Generally, it is the immediate family members (spouses, children and parents); however, some states allow grandparents, legal dependents or members of the extended family to file suit.
The amount of damages awarded will depend on the plaintiff’s relationship to the deceased, while the compensation for damages may include compensation for the following:
Typically, South Dakota Wrongful Death suits involve vehicular accidents (aviation, automobile, ATV, motorcycle or railroad), defective products, medical malpractice, pharmaceutical liability, and a number of other situations. The common element in most wrongful death actions is negligence. Negligence is the failure to use the standard of care that a reasonable person would have used in a similar situation.
Negligence must be proven in wrongful death cases and our attorneys are skilled in helping clients prove that the four critical components of negligence exist in their claim:
In addition to establishing negligence, the joint life expectancy of the deceased and the survivor or beneficiary must be presented (to establish the loss of future earnings). The relationship of the survivor and deceased must also be shown. Last, but certainly not least, effective presentation of the non-economical or emotional loss suffered by the survivor is critical to a fair award of damages.
Experienced and Understanding Representation
If you feel you have the basis for a South Dakota Wrongful Death claim, it is important to contact an attorney immediately. We will outline the documentation required, the decisions that must be made, and we will continue to guide you through the legal process.
At Gass Law, we recognize the deep trust placed in us by our clients, and we strive to uphold that trust by working hard and fighting hard for our clients. We do the best we possibly can for every client on every case. Please contact us by calling (605) 692-4277, or filling out our contact form.
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