When you or a loved one is injured, it can be difficult to know what legal options are available. South Dakota’s personal injury and wrongful death laws provide victims with different avenues for pursuing compensation. Understanding the differences between these two areas of law is important if you or someone you know has been injured or killed due to the negligence of another.
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Personal Injury Laws
Personal injury laws in South Dakota are designed to compensate victims for injuries caused by the negligence or intentional actions of another person or entity. This can include injuries sustained in a car accident, slip and fall accidents, medical malpractice, and more.
Elements of a Personal Injury Case
To file a personal injury lawsuit in South Dakota, a plaintiff must prove the following elements:
- The defendant had a duty of care
- The defendant breached that duty of care
- The breach of duty caused the plaintiff’s injuries
- The plaintiff suffered damages
Damages in Personal Injury Cases
If the plaintiff is successful in proving their case, they may be awarded compensation for damages such as:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
Wrongful Death Lawsuits
Wrongful death lawsuits are a type of legal action that is brought by the surviving family members of someone who died as a result of someone else’s negligent or intentional actions.
Who Can File a Wrongful Death Lawsuit?
In South Dakota, the following parties are eligible to file a wrongful death lawsuit:
- The surviving spouse
- The surviving children
- The personal representative of the deceased person’s estate
Damages in Wrongful Death Cases
If the plaintiff can successfully prove their case, they may be awarded compensation for damages such as:
- Medical expenses related to the deceased person’s injury or illness
- Funeral and burial expenses
- Loss of consortium
- Loss of future earnings and inheritance
Differences Between Personal Injury and Wrongful Death Lawsuits
While personal injury and wrongful death lawsuits share similarities, they are also distinctly different in several ways.
Who Can File?
Personal injury lawsuits can only be filed by the person who was injured or their legal representative. Wrongful death lawsuits, on the other hand, can only be filed by a representative of the deceased person’s estate or their surviving family members.
What Kinds of Damages are Awarded?
In personal injury cases, the plaintiff may be awarded compensation for damages such as medical expenses, lost wages, and pain and suffering. In wrongful death cases, damages may be awarded for items such as medical expenses, funeral and burial expenses, loss of consortium, and loss of future earnings and inheritance.
Statute of Limitations
The time limit for filing a personal injury lawsuit in South Dakota is typically three years from the date of the injury. In wrongful death cases, the time limit is shortened to two years from the date of death.
Proving Causation
In a personal injury case, the plaintiff must prove that the defendant’s negligence or intentional actions caused their injuries. In a wrongful death case, the plaintiff must prove that the defendant’s negligence or intentional actions caused the death of their loved one.
Conclusion
Understanding the differences between personal injury and wrongful death lawsuits in South Dakota can be crucial when pursuing legal action after an injury or death. If you or a loved one have suffered harm or passed away due to the negligence of another, it’s important to seek the guidance of a skilled attorney to help you navigate the legal process and recover compensation for your losses.