Losing a loved one unexpectedly is devastating. Many individuals experience grief, anger, confusion, and sadness, especially when a family member’s death is the result of someone else’s careless actions. Amid the emotional and financial turmoil that a family faces after a catastrophic loss, many people also face confusion about exercising their rights. A common question is, how can a family pursue compensation and justice for their loved one?
Clearing up the most frequent misunderstandings about wrongful death claims in South Dakota is the best way to learn about your options. It can also protect your family’s future and prepare you for what’s to come during this challenging time.
Common Misconceptions About Wrongful Death Claims
Wrongful death claims in South Dakota can be confusing, especially with so many common misconceptions surrounding them. These misunderstandings often prevent families from seeking legal help when they need it most. They can also cause delays, missed opportunities, and unnecessary stress during a painful time.
Understanding the wrongful death process can help your family pursue fair compensation and justice. Here are some of the most common misconceptions about wrongful death claims in South Dakota.
Civil and Criminal Cases Are Basically the Same
There are situations where the wrongful death of a family member comes about because of a criminal act. A criminal act can include an assault or other violent incident. Criminal cases are different from civil cases. The state pursuing a criminal case against an individual does not prevent a family from pursuing a civil case against the same responsible individual. A criminal case assesses guilt and punishes an individual for violating a criminal code. A civil case has a lower burden of proof and focuses on financial compensation, not criminal punishment.
Insurance Will Take Care of Everything
Unfortunately, insurance companies are more concerned with maintaining profits than your family’s financial stability after losing a valuable family member. Most initial offers are low and focus on minimizing payouts instead of protecting you or your family. It is seldom appropriate to accept an initial insurance offer. Many offers are significantly below the actual value of a wrongful death claim.
Family Members Can File a Wrongful Death Lawsuit
In South Dakota, family members of the deceased cannot file a wrongful death lawsuit on behalf of a loved one. The law only allows the deceased’s personal representative to file a lawsuit seeking compensation. The personal representative is named in the deceased’s will or estate plan. If there is no will, the court can intervene by naming a personal representative to manage the victim’s estate. Any compensation recovered by a successful wrongful death case goes to the deceased individual’s surviving family members. Those beneficiaries can include a spouse or children.
There Is Plenty of Time to File a Wrongful Death Lawsuit
A personal representative does not have unlimited time to grieve and then prepare a wrongful death lawsuit. South Dakota law only gives individuals three years from death to file a case.
Compensation in South Dakota Wrongful Death Cases
Another point of confusion stems from the compensation available in South Dakota wrongful death cases. Many individuals assume that compensation only covers medical expenses before death and funeral and burial costs. Not understanding what you or your family may be due in compensation can lead to accepting settlements below value.
No amount of money can bring back a loved one or fill the emptiness in your or your family’s hearts. However, compensation can help stabilize your financial situation and support you as you process your loss. Compensation a personal representative can pursue on behalf of surviving beneficiaries can include:
- Medical expenses related to injuries before death
- Funeral costs
- Burial costs
- Loss of the deceased individual’s income and benefits
- Loss of inheritance
- Value of household services
- Loss of companionship, affection, and support
- Loss of consortium
In some cases, compensation may include punitive damages. Punitive damages are a financial punishment for gross negligence or malicious conduct. A punitive award does not compensate beneficiaries for their measurable losses. These rare damages apply to cases involving specific criteria or circumstances.
How a Lawyer Helps Clear Up Confusion
The last thing you want to worry about after the loss of a loved one is the legal challenges involved in filing a wrongful death case. Working within the legal system can be confusing, and a lot can go wrong if you don’t understand your rights. A skilled wrongful death attorney can clear up confusion and provide guidance and peace of mind during the entire process.
Expect an experienced Watertown wrongful death attorney to provide clarity on the following:
Your Legal Rights
A wrongful death lawyer should take the time to spell out your legal rights and options for pursuing compensation. They can also explain legal deadlines and filing a claim or lawsuit. An attorney should also suggest which option offers the best opportunity for a favorable outcome.
The Wrongful Death Legal Process
The legal process of seeking fair compensation can be complicated. A lawyer can walk you through the process so you know what to expect. They can also give you a reasonable timeline for resolving your situation.
Avoiding Costly Mistakes
Confusion over the wrongful death claim process can lead to miscommunications and missed opportunities. It may also mean settling for less than you or your family deserve. An attorney can clarify your situation and manage communication with all involved parties. They can also advocate for you so you don’t fall prey to the aggressive tactics of insurers.
A Compassionate Watertown Wrongful Death Lawyer Can Help
At Turbak Law Office, P.C., our Watertown wrongful death attorneys understand you may be experiencing one of the darkest moments of your life. Our sensitive team advocates for you, providing legal guidance and moral support.
Contact our office today or call us at 605-886-8361 to discuss your situation. Let us stand beside you and help you work through your legal issues and your grief. We are ready to help you rebuild your life one day at a time.