Grief Is Not Recoverable in South Dakota Wrongful Death Cases

By the FigureMyTax Editorial Team · How we calculate

South Dakota limits wrongful death damages by category, not by dollar amount.

The statutory measure

The jury may give damages proportionate to the pecuniary injury resulting from the death.

Companionship is in

In Flagtwet v. Smith (1986) the Supreme Court held that, regardless of the decedent's age, the jury may consider the loss of the decedent's companionship and society, such as advice, assistance and protection, in determining pecuniary injury.

Grief is out

That consideration is without regard to the grief and mental anguish suffered by the beneficiaries. In Zoss (1999) the court added that no separate loss of consortium action exists for a spouse's wrongful death.

No general cap

Wrongful death damages are not capped by statute, except that a death from medical malpractice is subject to the $500,000 limit on total general damages.

A common error

Some law firm summaries say South Dakota allows recovery for grief and emotional suffering; the Supreme Court decisions say otherwise, so rely on the court.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how South Dakota's rules apply to your specific case with a licensed South Dakota attorney.