Deadwood Wrongful Death Attorneys
Visitors come to Deadwood, South Dakota, for the gambling scene and its Wild West history, featuring characters such as Calamity Jane and Wild Bill Hickok. Deadwood Alive, a theater group, performs reenactments of major historic events, such as the trial of Jack McCall and the assassination of Wild Bill. Although wrongful death may not be as common in Deadwood as in the gunfighter days of the 19th century, it can still occur when accident victims are fatally injured through no fault of their own.
If you have lost a loved one in a Deadwood accident that was someone else’s fault, a wrongful death claim is a legal way to seek justice for your loved one and compensation for your family. Contact a Deadwood personal injury attorney at Steven Titus & Associates, P.C. at (307) 257-7800. Founding attorney Steven Titus can handle your case and hold responsible parties accountable while you grieve the loss of your loved one and heal. We are here to listen and to take action on your behalf.
Wrongful death is a legal term denoting a cause of action that arises when a person dies because of the negligence or wrongful act of another. Surviving family members may be entitled to seek damages from the responsible party for the losses they have suffered. State laws determine who can file a lawsuit, who can recover damages, what types of damages can be recovered, and the time frame for filing the lawsuit. For a wrongful death claim to be valid, the following elements must exist:
- Death of a human being
- That death caused by the negligence of another or with intent to cause harm
- Surviving family members who have suffered monetary injury as a result of wrongful death
- Appointment of personal representative to file a claim
Many different types of accidents and injuries can lead to wrongful death in Deadwood. Common examples include:
- Motor vehicle accidents
- Slip and fall accidents
- Dangerous products
- Negligent security
- Nursing home neglect and abuse
Under South Dakota law, wrongful death occurs when a person dies as a result of another party’s wrongful act, neglect, or default when the deceased would have been entitled to file a personal injury claim had he or she survived. The statute of limitations (time limit imposed by law) for wrongful death is three years from the date of death. Only the personal representative of the estate of the deceased may file a wrongful death claim in South Dakota. The personal representative may be named in the estate plan of the deceased, or the court may appoint one. Under state negligence laws, plaintiffs may recover damages only if their fault for the accident was “slight,” and defendants may only be held liable if their fault was “gross.”
Building a strong wrongful death case requires a thorough investigation. Your wrongful death lawyer can examine every detail and gather evidence to establish negligence. Our firm works with specialists to assess the impact of the loss on your family. We are dedicated to holding responsible parties accountable for wrongful death.
Recoverable damages in wrongful death lawsuits include:
- Funeral and burial expenses
- Medical expenses associated with the death
- Lost income the deceased would have earned if they had lived
- Pain and suffering experienced by the deceased
- Pain and suffering of family members because of the death
- Loss of society, companionship, and comfort
Your Deadwood wrongful death lawyer at Steven Titus & Associates, P.C. will provide knowledgeable legal counsel and compassionate support when navigating a wrongful death claim. You can rely on our Deadwood legal team to secure the compensation you and your family need to recover. We are known for our experience and results.
If you have lost a loved one due to someone else’s negligence or wrongdoing, call us at (307) 257-7800 to arrange a complimentary consultation today.
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