Losing a loved one is a traumatic experience that creates long-term emotional and financial challenges. Healing your emotional wounds can take time and counseling. However, the best remedy for your financial difficulties is to hire an experienced wrongful death lawyer in Sioux Falls to help you recover the compensation you deserve through a wrongful death claim.
At Hoy Law, we have been helping the families of wrongful death victims in South Dakota pursue legal cases against those responsible for the death of their loved ones for more than 35 years. Our experienced team knows the challenges you face and is ready to help. Reach out to us to set up a free case evaluation with one of our Sioux Falls personal injury lawyers today.
Who Can File a Wrongful Death Claim in Sioux Falls?
Each state has unique laws concerning wrongful death claims. In some states, any close relative can file a claim. However, in South Dakota, only the personal representative of the deceased has the right to take legal action. Most of the time, this is a family member, but it can also be a close friend or the deceased’s lawyer.
If the wrongful death victim had a will, they likely named their personal representative there. Without a will, the court will appoint a personal representative to handle all legal matters for the estate. If you wish to serve as the executor of the estate, you can petition the court. While only the personal representative is permitted to file a claim, multiple parties can recover damages.
Money recovered in a wrongful death lawsuit will be awarded to the deceased’s spouse and children. If the deceased has no surviving spouse or children, the next in line to receive wrongful death compensation will be the parents. Without surviving parents, the next closest relative will receive the money recovered.
For a free legal consultation with a wrongful death lawyer serving Sioux Falls, call 605-334-8900
Damages a Wrongful Death Lawyer Serving Sioux Falls Can Help You Recover
After the wrongful death of a loved one, there are a variety of damages the personal representative can attempt to recover through a wrongful death lawsuit. The most commonly recovered compensatory damages in these cases include:
- Lost wages and benefits the deceased would have reasonably been expected to earn throughout their life had it not been for their untimely death
- The value of the household services the deceased provided to their family
- Medical expenses for any medical treatment the deceased received before succumbing to their injuries or illness
- Loss of companionship, affection, comfort, support, guidance, and advice
- Funeral expenses
- Burial expenses
An experienced lawyer can help you identify all the damages you are eligible to collect to help ensure a positive case result.
Sioux Falls Wrongful Death Lawyer Near Me 605-334-8900
Get Help from an Experienced Attorney Soon After the Death of Your Loved One
If you are serving as the personal representative for a loved one following their death, act quickly to ensure a favorable outcome to your case. The personal injury statute of limitations in South Dakota grants personal representatives three years to file a lawsuit following a wrongful death. Missing the deadline will likely leave you out of options.
However, exceptions may apply to your case, shifting the filing deadline for your lawsuit in either direction. At Hoy Law, our experienced wrongful death lawyers serving Sioux Falls can help you determine whether any exceptions apply to your case and ensure that all the required paperwork is filed correctly and on time.
Another benefit of hiring an experienced lawyer early as soon as possible is that doing so will put them in the best position to build a strong compensation case.
The earlier they can get started, the more likely they will be able to recover evidence before it is lost or contaminated. Furthermore, they will be able to record testimony from eyewitnesses while the events are still clear in their minds.
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Secure the Services of an Experienced Wrongful Death Attorney Serving Sioux Falls Today
After the death of a loved one, taking legal action to recover money likely won’t be your top priority. However, doing so can be critical for the long-term financial health of your family. At Hoy Law, we will handle every aspect of your legal case so you can focus on your family and process your grief.
Our team of experienced wrongful death lawyers in Sioux Falls will use every available resource to help ensure a favorable outcome for your case. Contact us by completing our online contact form, giving us a call, or using our chat tool to set up your free case review with a member of our legal staff.
Call or text 605-334-8900 or complete a Free Case Evaluation form
