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Wrongful Death Lawyer Rapid City, SD
Our wrongful death lawyer Rapid City, SD families require for assistance, knows that losing someone you love tragically can be life-changing. The unexpected passing of a loved one is incredibly upsetting, and when someone else is responsible, families may want to hold the responsible party accountable for their actions. At The Law Offices of Clayborne, Loos & Sabers LLP, we know that you will have many questions regarding wrongful death claims and how best to move forward. We can help provide you answers to the variety of issues that you need the answers to.
What is a wrongful death case?
A wrongful death case is when someone passes away due to another person or party’s negligent actions. Should a wrongful death occur, beneficiaries may consider taking legal action against the responsible party. Filing a wrongful death claim can provide loved ones with compensation for losses. While we are aware that no amount of money can replace a loved one, financial compensation, and in some cases, punitive damages can help loved ones recover from the financial losses and the emotional impact of losing a loved one too soon.
What are the common types of wrongful death cases?
Injuries and Accidents that May Result in a Wrongful Death Case
Prospective clients often ask about the injury scenarios that might allow for a wrongful death claim. There is no quick answer because practically any scenario could form the basis for wrongful death. That said, many cases share some of the same elements: a family member suffered a fatal injury which was the result of intentional, negligent, reckless, or careless actions of another person. A wrongful death lawyer in Rapid City, SD will need to investigate the case and use evidence to prove one of these elements led to death.
Throughout our experience, we have worked on cases involving a broad range of injuries and accidents. Some potential scenarios that might give rise to a wrongful death claim, include, but are not limited to:
Motor Vehicle Accidents
The actions of a careless driver can inflict dire consequences on another motorist, and their loved ones. Speeding, erratic driving, failure to signal, and other dangerous behaviors can lead to a crash. Our wrongful death lawyers in Rapid City, SD are prepared to handle all types of motor vehicle accident cases, including car accidents, truck accidents, motorcycle accidents, rideshare accidents, and more.
Any kind of product defective can inflict serious, or fatal, injuries. These cases are often rife with challenges and involve high-profile defendants who have large legal teams. Whether your loved one lost their life from a defective automobile product, toy, or other product, please consider having our firm on your side.
Whenever someone seeks medical care, they expect the doctors to treat them correctly, and even improve their chances of survival. Unfortunately, doctors, nurses, and other medical professionals are human and do make mistakes that can be fatal. If your loved one lost their life because of a surgical error, birth injury, or failure to diagnose (not limited to), a wrongful death claim may be pursuable.
In South Dakota pedestrian accidents are on the rise. Many of these are fatal because they involve vehicles travelling at high speeds. Pedestrians are particularly vulnerable while walking in poorly lit areas or on roads without sidewalks.
Slip and Fall Accidents
Slips, trips, and falls can happen because of unreasonable icy conditions, uneven sidewalks, broken stair rails, and so forth. Elderly and children are most vulnerable to losing their lives in a slip and fall accident. Our firm has handled slip and fall cases involving restaurants, hotels, apartment buildings, gyms, offices, fast food establishments, shopping centers, and other settings.
Who can take legal action for wrongful death?
Our wrongful death lawyer in Rapid City, SD shares that not just anyone can take action for a wrongful death case. Typically, the executor appointed to oversee the decedent’s estate can file a claim. If there is no named executor, the court may appoint someone to hold this responsibility. Often the executor is a trusted friend or family member such as a spouse or child.
Wrongful Death Claims vs. Survival Actions
When you seek a wrongful death lawyer in Rapid City, SD, he or she will review your case to determine all available legal options. For example, in addition to a wrongful death claim, it might be possible to file a survival action claim. Each type of claim is inherently unique. Rather than focusing on the losses of the decedent’s family members, as in the case of a wrongful death claim, a survival action claim will focus on the losses of the deceased. In other words, compensation may regard those damages that the deceased could have sought had they not died. Usually, pain and suffering account for the majority of compensation in a survival action claim. Your lawyer can help you to understand if this claim is an option.
How will a wrongful death lawyer value my case?
Calculating a wrongful death case requires the help of an experienced lawyer. They will have the ability to review the circumstances surrounding the accident carefully and can make sure that nothing is left out. Damages are the losses that have occurred from the accident and are a way of assigning value to a case. Damages might include:
- Pain and Suffering
- Funeral Expenses
- Lost Wages
- Medical Expenses
- Emotional Distress
- Property Damage
Our Wrongful Death Case Results
As a leading Rapid City, SD wrongful death lawyer, we have successfully represented individuals and family members who have lost loved ones in a broad range of tragedies. We treat each case with compassion and due diligence. It is our goal to protect your legal rights and interests while we build a strong case. Keep in mind every case is unique, and compensation is decided upon a cases’ own merits and facts. Having legal representation is crucial for maximum results. Call The Law Offices of Clayborne, Loos & Sabers LLP, today.
An unexpected loss can be challenging to overcome for family members. No person can truly prepare for someone’s death, especially when it came tragically and without warning. You will need time to grieve and begin adjusting to your new normal. The grieving process can take time, and because of this, you will need The Law Offices of Clayborne, Loos & Sabers LLP to help you negotiate your wrongful death claim. Our wrongful death lawyers in Rapid City, South Dakota, know that nothing will bring your loved one back, but we can help you by taking legal action so that you can take the time you need to heal.
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Client Review“I witnessed Holly in trial she won our case for us, I was very impressed by her she was very professional and her demeanor was amazing. She has the greatest personality and she truly wants the best for her clients. I will come to her for all of my legal issues. Thank you Holly for giving our family justice.” Lauren Sewell