The sudden loss of a loved one is a devastating experience, but when that loss is caused by the negligence or carelessness of another, the grief can be even more profound. At Thomas Braun Bernard & Burke, LLP, our compassionate and experienced Rapid City wrongful death lawyers understand the emotional and financial upheaval that families face in these situations.
We are dedicated to helping those who have lost loved ones receive the justice and compensation they deserve, especially when financial hardship makes the loss even more challenging. We know that for many families, a wrongful death turns their world upside down. We are here to help.
Common Causes of Wrongful Death Claims
When a driver acts negligently or recklessly, they can face criminal charges. However, criminal penalties are not the only form of justice available. Civil actions, like wrongful death claims, hold the responsible party accountable by requiring them to pay damages to the surviving family members. These damages can help families cope with the financial burdens that result from the loss of their loved one. Some common events that can lead to wrongful death claims include:
- Motor vehicle accidents: Car, truck, motorcycle, and pedestrian accidents are frequent causes of wrongful deaths, often due to driver negligence such as distracted driving, speeding, or driving under the influence.
- Workplace accidents: Construction site accidents, industrial mishaps, and other work-related incidents can result in wrongful deaths due to employer negligence, unsafe working conditions, or equipment malfunctions.
- Product liability: Defective products, faulty equipment, and product malfunctions–or even a manufacturer’s failure to properly warn how to use a product–can cause fatal injuries.
- Recreational accidents: ATV/side-by-side accidents, boating accidents, and other recreational mishaps can lead to wrongful deaths due to negligence or lack of safety measures.
The specific circumstances surrounding each wrongful death case are unique and complex. Numerous factors, including the cause of the accident, the degree of negligence, and the financial impact on the family, can influence how the claim is handled. It is essential to consult with an experienced Rapid City wrongful death attorney to thoroughly investigate the incident, preserve crucial evidence, and understand your full range of legal options.
Filing a Wrongful Death Claim in South Dakota
In South Dakota, a wrongful death occurs when someone dies due to another's negligence or wrongful act. While the claim benefits the deceased's spouse, children, and other dependents, the personal representative (referred to sometimes as the “executor” or “administrator”) of the deceased person’s estate is the party that brings the claim and plays a crucial role in navigating the legal process.
Damages awarded in a South Dakota wrongful death case typically aim to compensate for the financial losses the surviving family members have suffered due to the loss of their loved one. This includes considering the financial support and services the deceased person would likely have provided had he/she lived. Calculating these damages involves evaluating various factors under South Dakota law.
The wrongful death lawyers at Thomas Braun Bernard & Burke, LLP represent clients across South Dakota, Wyoming, Nebraska, and Minnesota. We understand the laws specific to each state and can provide guidance tailored to your situation.
We are Here to Help You Get the Compensation You Need
The loss of a loved one has a profound emotional impact. For many families, particularly those already struggling financially, the consequences can be overwhelming. Beyond the immediate grief and emotional distress, there are often substantial financial burdens that can make it difficult to cope and rebuild. These burdens can include:
- Lost Income: The sudden loss of a primary breadwinner can create immediate and long-term financial hardship for the family.
- Funeral and Burial Expenses: These costs can be significant and unexpected, adding to the family's financial strain.
- Medical Bills: If the deceased incurred medical expenses before their passing, these bills can further compound the financial burden.
- Loss of Support and Services: The deceased may have provided essential services to the family, such as childcare, home maintenance, or transportation, which now require costly replacements.
- Loss of Guidance and Companionship: The emotional loss of a loved one, including the guidance, support, and companionship they provided, is immeasurable.
At Thomas Braun Bernard & Burke, LLP, we understand the multi-faceted challenges families face after losing a loved one. We are committed to providing compassionate and effective legal representation, fighting for the full compensation your family deserves, and helping you navigate this difficult time so you can begin to heal and rebuild your lives.
Contact Our Rapid City Wrongful Death Lawyers
At Thomas Braun Bernard & Burke, LLP, we understand that the loss of a loved one is incredibly difficult. Our team is here to assist you with the wrongful death claim process so that you can devote your time to being with your loved ones during this trying period. Our Rapid City wrongful death attorneys are here to provide the counsel and representation you need to receive the compensation you and your family deserve. Contact us today to begin the process of filing a wrongful death claim.
