Bereaved Rights

State wrongful death guide

South Dakota Wrongful Death Law Guide

South Dakota wrongful death claims must be brought by the estate within three years and can compensate families for financial losses, loss of companionship, and the decedent’s own suffering.

Quick facts for South Dakota

  • Who can file: In South Dakota, a wrongful death claim must be brought by the personal representative of the decedent’s estate, for the benefit of the surviving spouse, children, parents, or other heirs.
  • Deadline to file: South Dakota requires most wrongful death actions to be filed within three years of the date of death.
  • Key statute: S.D. Codified Laws § 21-5-1

Types of compensation families may pursue

  • Medical bills related to the fatal injury
  • Funeral and burial expenses
  • Loss of the decedent’s income and benefits
  • Loss of companionship, comfort, and guidance
  • Loss of household services
  • Decedent’s pain and suffering

South Dakota does not generally cap wrongful death damages, but medical malpractice actions may include limits on certain noneconomic damages.

South Dakota wrongful death law: a guide for grieving families

South Dakota’s wrongful death laws try to balance the financial realities of a family’s loss with recognition of the deep emotional harm. This guide outlines the basics in calm, human terms so families can understand their rights during a difficult time.

Who files the lawsuit?

South Dakota requires a personal representative of the estate to file the lawsuit. This representative brings the claim on behalf of the family members who suffered losses, including:

  • Surviving spouse
  • Children
  • Parents
  • Other heirs under South Dakota law

What damages can be recovered?

South Dakota allows a broad range of damages:

  • Medical and funeral expenses
  • Lost income and financial support
  • Loss of companionship, comfort, and guidance
  • Loss of household services
  • The decedent’s pre-death pain and suffering

South Dakota generally does not cap wrongful death damages, except in some medical malpractice cases.

Deadline to file

Most cases must be filed:

  • Within three years of the date of death

Missing the deadline almost always ends the claim.

Disclaimer

This guide is informational only and not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in South Dakota? +

South Dakota generally requires wrongful death lawsuits to be filed within three years of the date of death. Filing after this deadline usually ends the case. Medical malpractice cases and government claims may involve additional timing requirements. This answer is informational only and not legal advice.

What damages are available in a South Dakota wrongful death case? +

South Dakota allows recovery for medical bills, funeral expenses, the loss of the decedent’s income and financial support, and the loss of companionship, comfort, and guidance. The estate may also recover damages for the decedent’s pain and suffering prior to death. While South Dakota generally does not cap wrongful death damages, medical malpractice cases may involve limits on noneconomic damages. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in South Dakota? +

In South Dakota, a wrongful death lawsuit must be filed by the personal representative of the decedent’s estate. The claim is brought on behalf of the surviving spouse, children, parents, and other qualified heirs. Family members do not file individual lawsuits; instead, one representative brings the action for everyone who suffered losses. This answer is informational only and not legal advice.