This form is a general sample wrongful death complaint requiring the user to supply facts giving rise to the complaint.
South Dakota Complaint regarding Wrongful Death
State:
Multi-State
Control #:
US-PI-0306
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out Complaint Regarding Wrongful Death?
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FAQ
Types of wrongful death accidents include: Motor vehicle accidents: A driver may have been intoxicated, texting, speeding, or engaging in other reckless behavior that caused a fatal car accident.
There are many defenses you can use in a wrongful death suit such as: The statute of limitations has run and the claim is time barred. You did not have a duty of care towards the deceased. You acted in self-defense. You were not negligent in your actions and did everything a reasonable person would have done.
20-9-1. Responsibility for injury by willful act or negligence--Contributory negligence. Every person is responsible for injury to the person, property, or rights of another caused by his willful acts or caused by his want of ordinary care or skill, subject in the latter cases to the defense of contributory negligence.
If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Wrongful death settlements consider the deceased person's loved ones and their needs due to the unexpected loss of companionship and support. While settlements may range anywhere from $500,000 to several million dollars, these amounts are just examples.
Damages can be awarded to compensate for several different types of losses in a South Dakota wrongful death case, including: lost wages and benefits, including the value of the wages and benefits the deceased person could reasonably have been expected to earn if he or she had lived.