When a fatal car accident takes a loved one from your family, the pain and confusion can feel overwhelming. You face not only grief but also difficult decisions about how to protect your family’s future. Turbak Law Office understands what you’re going through and stands ready to help. Our fatal car accident lawyer handles car accident claims throughout Watertown and South Dakota, working to pursue the compensation your family may be entitled to under South Dakota law.
Why Choose Turbak Law Office for Your Fatal Car Accident Claim
Losing a family member in a fatal car accident changes everything. At the Turbak Law Office, we handle wrongful death claims and work to hold negligent drivers accountable. We know that no amount of money can bring back your loved one, but fair compensation can help your family move forward financially and honor their memory. We handle every case on a contingency fee basis, which means you pay nothing unless we recover money for you. Our team brings experience, compassion, and determination to every fatal accident case we take on.
What Happens After a Fatal Car Accident in Watertown
The moments and hours after a fatal car accident are critical. If you’re involved in this situation, certain steps protect your family’s legal rights. First, emergency responders will arrive at the scene. The police will conduct an investigation and create an accident report—this document can become important evidence in your case. Preserve any evidence you can safely gather, including photos of the accident scene, vehicle damage, and road conditions. Collect contact information from witnesses who saw what happened. As soon as it is feasible, consider contacting an attorney. Early legal representation can help ensure that important evidence is preserved, that you understand how to deal with insurance companies, and that your rights are protected from the start.
Understanding Wrongful Death Claims in South Dakota
A wrongful death claim allows certain family members to seek compensation when someone dies due to another person’s negligence or intentional actions. In South Dakota, the personal representative of the deceased’s estate generally files wrongful death claims on behalf of eligible beneficiaries. Eligible beneficiaries can include spouses, children, and parents of the deceased. The personal representative is appointed through the deceased’s will or by the probate court.
South Dakota law gives families a limited time—often three years from the date of death—to file a wrongful death lawsuit. This deadline matters because missing it can mean losing the right to seek compensation. Wrongful death claims may seek several types of damages. Economic damages can include medical expenses from the fatal injury, funeral and burial costs, lost wages the deceased would have earned, and loss of financial support. Non-economic damages can include the emotional impact of losing a loved one, loss of companionship, loss of parental guidance, and mental anguish. Unlike criminal cases, which require proof “beyond a reasonable doubt,” wrongful death civil cases generally require proof by a “preponderance of the evidence”—meaning it is more likely than not that the defendant caused the death.
How Turbak Law Office Investigates Fatal Accidents
A thorough investigation forms the foundation of a strong wrongful death case. Our team begins by reviewing the police accident report and gathering additional evidence the initial investigation may have missed. We may visit the accident scene to document road conditions, traffic signals, sight lines, and other relevant factors. We also obtain vehicle damage information. When appropriate, we consult accident reconstruction professionals. These experts use physics and engineering to explain how the collision occurred.
We interview witnesses and obtain written or recorded statements. We review medical records and autopsy reports when applicable. These records help us understand the cause of death and injuries. We may also review the at-fault driver’s background when relevant and obtainable. This can include prior accidents or traffic violations. Insurance company records and communications can also matter. By assembling this information, we build a case that explains liability and documents your family’s losses.
Compensation Available for Fatal Car Accidents
Families who lose a loved one in a fatal car accident may be able to pursue different categories of compensation through a wrongful death claim. Economic damages represent actual financial losses your family has suffered. These can include medical treatment costs related to the fatal injury, funeral and burial expenses, the deceased’s lost wages and benefits, and the financial support the deceased would have provided to surviving family members. These amounts are often evaluated using medical bills, funeral invoices, tax returns, and employment records.
Non-economic damages address the emotional and personal impact of losing your loved one. These damages can compensate for the loss of companionship and love, the loss of parental guidance for minor children, emotional pain and suffering, and the loss of consortium (the relationship between spouses), where available under South Dakota law. While these losses are harder to quantify than economic damages, they are often central to a wrongful death case. In cases where the at-fault driver acted with especially serious misconduct—such as extremely dangerous or reckless behavior—South Dakota law may allow punitive damages in certain circumstances. These damages are intended to punish particularly wrongful conduct and discourage similar behavior in the future. Turbak Law Office works to identify and pursue all forms of compensation that may be available in your case.
Liability in Fatal Car Accidents
Establishing that another party caused the fatal accident is essential to a wrongful death claim. South Dakota law generally requires proof that the defendant owed your loved one a duty of care, breached that duty through negligent or reckless actions, and that this breach directly caused the fatal accident and your family’s damages. We present evidence to show what the defendant did wrong. Common factors in fatal accidents include speeding, driving under the influence of alcohol or drugs, distracted driving (such as texting or using a phone), reckless driving, and failure to obey traffic laws.
South Dakota uses a comparative negligence rule based on the “slight/gross negligence” standard. SDCL § 20-9-2 often references this rule. Your family can recover damages only when the deceased’s negligence was slight. The defendant’s negligence must also qualify as gross by comparison. The jury or court makes this decision based on the evidence. If the deceased’s negligence was more than slight, the court may bar recovery entirely. This can happen even if the other driver was also negligent. If the court allows recovery, it reduces compensation by your loved one’s fault percentage. For example, your family may have $100,000 in damages. If the deceased was 20% at fault, recovery could drop to $80,000. Insurance companies often blame the deceased to limit payouts. Turbak Law Office responds with evidence supporting your loved one’s claim. The firm also challenges attempts to place unfair fault on them.
Frequently Asked Questions
How long do I have to file a wrongful death claim in South Dakota?
South Dakota law often provides three years from the date of your loved one’s death to file a wrongful death lawsuit. This deadline is strict in many cases—if you miss it, you may lose your right to pursue compensation. Because time limits and procedural requirements can vary based on the facts, it is wise to contact an attorney promptly after a fatal accident so your rights and deadlines can be evaluated.
What if the at-fault driver was uninsured?
If the driver who caused the fatal accident had no insurance, you may still have options. Your own auto insurance policy, or that of the deceased, may include uninsured motorist coverage that could apply. In some situations, other sources of recovery—such as additional responsible parties or available assets—may also be considered. We review all potential avenues of compensation to determine what may be available for your family.
Can I still file a claim if my loved one was partially at fault?
Possibly. Under South Dakota’s “slight/gross negligence” comparative negligence rule, your family may be able to recover damages if your loved one’s negligence is considered “slight” compared to the defendant’s “gross” negligence. This is a judgment made by the court or jury based on the evidence presented. If your loved one’s negligence is determined to be “slight,” your recovery is reduced by your loved one’s percentage of fault. If the negligence is found to be more than “slight,” recovery can be barred. We investigate the accident carefully to address any claims that your loved one was at fault and to present evidence supporting your family’s position.
How much does it cost to hire a Turbak Law Office?
We handle wrongful death cases on a contingency fee basis. This means you pay no upfront attorney fees, and legal fees are typically collected only if we obtain a financial recovery for your family. If there is no recovery, you generally do not owe attorney fees under this type of arrangement. We can explain the specific terms of our fee agreement during your consultation.
How long does a fatal accident case typically take?
The timeline for a fatal accident case can vary significantly. Some matters may resolve within months through settlement discussions if liability is clear and the insurance company is willing to negotiate. Other cases, especially those involving disputes about fault or damages, may require litigation and can take a year or longer. We keep you updated as your case progresses and work to move your case forward while still taking the steps needed to present it thoroughly.
What should I do immediately after a fatal car accident?
Call 911 to report the accident and request emergency services. If you can do so safely, document the scene with photos or video, including vehicle positions, visible injuries, road conditions, and traffic signs or signals. Collect contact information from witnesses. Avoid giving detailed statements to the other driver’s insurance company before you have spoken with an attorney. Contact Turbak Law Office as soon as you can so we can begin advising you on how to protect your family’s rights and preserve important evidence.
Can I recover damages for loss of companionship?
Yes, South Dakota law recognizes loss of companionship as a form of non-economic damage in many wrongful death cases. This category of damages can compensate family members for the loss of the relationship, love, and support the deceased provided. We work with you to describe and document the nature of your relationship and the ways your loss has affected your family, so that these harms can be presented as part of your claim.
Contact Turbak Law Office for Your Free Consultation
Your family deserves compassionate legal representation from attorneys who understand the devastating impact of losing a loved one in a fatal car accident. Turbak Law Office represents families throughout Watertown and across South Dakota in wrongful death and fatal accident cases. We offer a free, confidential consultation where we listen to your story, answer your questions, and discuss potential legal options.
You do not pay attorney fees unless we recover money for you under our contingency fee arrangement. Call 605-886-8361 today to speak with a fatal car accident lawyer. We are here to talk with you and explain how we may be able to help.