If your loved one died in an accident, what are your options?

On Behalf of | Oct 11, 2018 | Firm News

Losing a loved one in an accident is a traumatic event. There is nothing that can prepare you for the difficulties of navigating the aftermath of a fatal accident, including the financial losses that often accompany this kind of event. South Dakota families often experience devastation in many areas of their lives and are unsure of how to move forward.

If you are grieving the loss of a loved one after a fatal accident or other type of personal injury incident, you could be entitled to damages through a civil claim. This will allow your family to recoup certain losses and move forward. These types of claims, however, are time-sensitive, and it is in your interests to move quickly to learn more about how this specific option can benefit your family.

How can you know if you have a case?

You may be unsure if you have a valid reason to move forward with a civil claim or of how you can protect the interests of your family during this difficult time. It may be beneficial for you to learn more about the elements of a wrongful death case and how you can support any potential claim to compensation. The elements you must be able to prove in order to have a valid case include the following:

  • The death of a person
  • Evidence the death was the result of the negligence of another person
  • Those left behind are suffering financial harm because of the death

Before you move forward with a wrongful death claim, a family will need to appoint a person to act on behalf of the estate. While a civil claim cannot reverse much of the damage done by a wrongful death incident, it can allow a family to address the financial damage done by the unexpected loss of a loved one.

Restitution you may be able to seek through a wrongful death includes financial compensation, damages for emotional trauma and much more. The amount and types of damages depend on the unique factors of the individual case.

Take the first steps

One of the first steps you can take if considering this particular course of action is to seek a complete evaluation of your case and explanation of the legal options available to you. Seeking the opinion of an experienced attorney can allow you to make smart decisions that will benefit your family during this time of grief and stress.


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