Who Can File a Wrongful Death Claim in South Dakota

By the FigureMyTax Editorial Team · How we calculate

South Dakota gives the claim to the personal representative, for a short list of relatives.

The beneficiaries

Every action for wrongful death is for the exclusive benefit of the wife or husband and children, or if there is neither, the parents and next of kin, and it is brought in the name of the personal representative.

Who is liable

SDCL 21-5-1 makes the person or corporation that would have been liable had death not ensued liable for damages, even where the death amounts to a felony. It also covers the death of an unborn child, for the exclusive benefit of the mother or the lawfully married parents.

What the jury awards

The jury may give damages proportionate to the pecuniary injury resulting from the death to the beneficiaries, which includes the loss of companionship and society but not grief.

The estate's own claim

All causes of action survive the death of the person entitled to them, and may be brought by the personal representative or successors in interest.

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.