South Dakota measures wrongful death damages by pecuniary injury. That includes the loss of the decedent's companionship and society, but not the survivors' grief and mental anguish. The estate can also pursue the decedent's own claim, and you have three years.
Enter the pecuniary and survival losses, the claim type, and the fault question.
South Dakota's wrongful death damages statute, SDCL 21-5-7, ties damages to pecuniary injury. In Zoss v. Dakota Truck Underwriters (1999) the Supreme Court said pecuniary injury includes the loss of companionship and society but not grief and mental anguish.
The action is brought by the personal representative for the spouse and children or, if none, the parents and next of kin, and must be commenced within three years after the death.
A local personal injury attorney can review your claim — many offer a free consultation.
This is an estimate for general guidance only and is not legal advice. Figures are based on the cited South Dakota statutes. Confirm how these rules apply to your specific case with a licensed South Dakota attorney.