Accidental & Wrongful Death Lawyers in Rapid City

On Your Side Every Step of the Way

At Whiting Hagg & Dorsey, LLP, our rapid city wrongful and accidental death attorneys understand the severe impact the loss of a loved one can have on surviving family members, and we are here to fight for you. With over 150 years of combined service, our experienced team of wrongful death attorneys in Rapid City are ready to help fight for your rights.

We Help You Recover

The worst accidents are the ones that cause serious personal injury or that cause someone to lose their life. Fatal and catastrophic injury accidents can come in countless forms, but many of them are caused by someone else's negligence. When someone is killed in an accident, the victim is not the only one affected. Surviving family members must then suffer the loss of their loved one and any financial hardships that result from the victim's passing. Wrongful death claims are intended to help surviving family members recover compensation from the liable party when a loved one is killed in an accident.

While it’s true that no amount of money can truly compensate for the loss of a life, you should not hesitate to learn how a wrongful death claim can help you and your family. The spouse, minor children, dependents, and parents of a fatal accident victim recognized as beneficiaries under law can file a wrongful claim to recover for the monetary loss proven by the evidence.

Seeking Financial Damages

Family members have a right to seek financial damages from the person or party who caused the death of their loved one; compensation not only for the economic losses resulting from their loved one’s death but also for the loss of instruction, counsel, advice, assistance, companionship, and protection the descendant would have provided. If there is a non-working spouse or dependent at home, it will be especially important to seek full compensation for your family’s loss.

Plaintiffs in wrongful death cases may seek compensation for the following:

• Final medical expenses of the deceased
• Funeral and burial costs
• Lost wages and benefits of the deceased
• Pain and suffering of the deceased
• Loss of love, companionship, guidance, advice, and moral support
• Household services the deceased would have provided

Who May File a Wrongful Death Claim?

Wrongful death claims in South Dakota may be filed by the personal representative of the deceased person's estate. This person may be named in the person's estate plan or appointed by the court to oversee the final affairs of the deceased. While the personal representative is responsible for filing a claim, any damages recovered through a wrongful death claim are to be distributed to the deceased's surviving spouse and children. If the deceased did not have a surviving spouse or children, damages would instead belong to their surviving parents or next of kin.

Statute of Limitations for Wrongful Death Claims in South Dakota

If you have lost a loved one, you only have a limited amount of time to file a wrongful death lawsuit against the responsible party. Under South Dakota Codified Laws section 21-5-3, all wrongful death actions must be filed within three years of the date of death. If you attempt to file a claim after this time period expires, your case will almost certainly be dismissed by the court and you will be unable to pursue further legal action. Sin, it is important to consult with an attorney as soon as possible to ensure you have enough time

Wrongful death cases must be handled with the utmost care and empathy. But we also know that navigating the legal issues that ensue with insurance companies and adjusters can be frustrating. We will fight for you to protect your rights at each stage of the case to assure the future financial well-being of you and your family.