Wrongful Death

Rapid City Wrongful Death Attorneys

Helping Those Who Have Lost Loved Ones Receive Just Compensation

Have you lost someone close to you due to the negligent or careless actions of another party? The death of a loved one is always devastating—but losing someone to an accident that could have been prevented often causes additional frustration and grief. At Thomas Braun Bernard & Burke, LLP, our experienced and dedicated wrongful death lawyers in Rapid City have spent decades fighting for the rights of families who have lost relatives due to car wrecks and other forms of negligence. We are proud to provide compassionate and thorough legal help to grieving families who deserve answers after a tragic loss of life.

Call (605) 349-2221 or contact us online to learn more about how we can help during a free, no obligation consultation. Our legal team serves clients throughout South Dakota as well as in Wyoming, Nebraska, and Minnesota.

Common Causes of Wrongful Death Claims

When a driver is negligent or reckless behind the wheel, sometimes criminal charges can be brought. However, justice is not limited to pursuing criminal penalties. Negligent or reckless drivers are often also held accountable in civil actions (i.e., not criminal). One way is a claim for wrongful death. The law holds the responsible party accountable by requiring them to pay damages to either the injured party or the surviving family members of an individual who has been wrongfully killed.

Examples of events that can lead to wrongful death claim include:

  • Motor vehicle accidents, especially those involving passenger vehicles, heavy commercial trucks, and motorcycles
  • Pedestrian accidents
  • Cycling accidents
  • Construction site and other work-related accidents
  • Slip and fall accidents and other premises liability claims
  • Defective products or equipment and product or equipment malfunctions
  • Drowning, boating, and recreational accidents

Depending on the at-fault person’s conduct, an accident may result in a civil case, a criminal case, or both. Each case is different, and numerous factors may come into play that can affect how a wrongful death claim is handled. To learn more about your legal options, please do not hesitate to contact a local wrongful death attorney to discuss the specifics of your case.

Filing a Wrongful Death Claim in South Dakota

In the state of South Dakota, wrongful death occurs when an individual dies as a result of another's wrongful act, neglect, or default.

While wrongful death claims are brought for the benefit of the decedent’s spouse, children, etc., in South Dakota, the only individual permitted to formally bring the claim before the Court is the deceased individual's personal representative (also known as the "executor") of the deceased person's estate.

Damages available in a South Dakota for wrongful death generally consist of the money, goods, and services the surviving family members would have reasonably expected to receive from the decedent had he/she lived. Making this decision requires consideration of a number of factors under the law.

Thomas Braun Bernard & Burke, LLP serves clients in South Dakota, Wyoming, Nebraska, and Minnesota. Please don’t hesitate to contact us to understand wrongful death claims in your state.

Contact Us Today for the Honest & Compassionate Legal Help You Deserve

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. We are here to provide the counsel and representation you need to receive the compensation you and your family deserve.

Contact us now to get started with a free, no obligation consultation with a Rapid City wrongful death lawyer.

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