Wrongful Death Lawyer in Rapid City
The sudden loss of a loved one is a deeply painful experience. When that loss is the result of another person or entity’s negligence or wrongful actions, the pain is often compounded by a sense of injustice. We understand the profound emotional and financial burdens that families face after a wrongful death. As an experienced wrongful death attorney in Rapid City, South Dakota, I am dedicated to providing compassionate legal counsel and aggressive (if necessary) representation to those who have lost loved ones due to the negligence or unlawful actions of others.
When Tragedy Strikes Due to Negligence
Wrongful death claims arise from a variety of circumstances where another party’s carelessness or misconduct results in a fatality. These situations leave loved ones in a terrible situation and oftentimes, unable to figure out what to do next. These cases often involve complex legal issues and require a thorough and immediately investigation to prove liability and secure fair compensation for the surviving family members and the Decedent’s Estate.
Let Robert Rohl, Trial Lawyer, Handle Your Wrongful Death Injury Claim
Rapid City wrongful death lawyer Robert Rohl will fight for you. Call his Rapid City office at 605-519-7750 or email him here to schedule your initial consultation today and take the first step toward becoming whole after your love one’s wrongful death incident.
Wrongful Death Cases I Handle
I have extensive experience representing families in wrongful death cases arising from:
- Motor Vehicle Accidents: Car accidents, truck accidents, motorcycle accidents, pedestrian accidents, and any other type of motor vehicle collision caused by negligence.
- Trucking Accidents: Fatalities caused by large commercial vehicles and, oftentimes, the negligence of the motor carrier, i.e. failure to supervise, monitor, train, investigate drivers, etc.
- Construction Accidents: Fatal accidents that occur on jobsites due to unsafe working conditions, contractor negligence, and/or defective equipment.
- Premises Liability: Deaths caused by hazardous conditions on other’s commercial property, such as slip and falls due to improper maintaining, inadequate security, or dangerous structures.
- Product Liability: Fatalities caused by defective products, including faulty designs, manufacturing defects, and inadequate warnings.
How I Can Help
As your wrongful death lawyer, I will be your dedicated advocate throughout the entire legal process. I will:
- Conduct a thorough investigation: I will meticulously gather evidence, interview witnesses, and consult with experts to build a strong case on your behalf.
- Determine liability: I will identify all responsible parties and establish their negligence in causing your loved one’s death.
- Calculate damages and understand your loss: I will accurately assess the full extent of your losses, including lost income, medical expenses, funeral costs, loss of companionship, and pain and suffering.
- Deal with Insurance Companies: I will communicate with insurance companies to relay the extend of loss that reflects the true value of your claim.
- Jury Trial: I will aggressively pursue your case in court to obtain justice for your family. Lots of lawyers will take personal injury and wrongful death suits and try to settle them quickly. The reality is, only lawyers that insurance companies know skillfully try cases to jury will obtain maximum value – even in settlement.
Seeking Justice and Support
Losing a loved one is an incredibly difficult experience. At Robert J. Rohl, Trial Lawyer, we are committed to providing compassionate and personalized legal representation to families in Rapid City and throughout South Dakota who have suffered from the wrongful death of a family member/loved one. I will guide you through the legal process with sensitivity and understanding, ensuring that your rights are protected and that you receive the justice and support you deserve.
Contact South Dakota Wrongful Death Attorney Robert Rohl Today
If you have lost a loved one due to someone else’s negligence, please do not hesitate to contact me for a free and confidential consultation. I am here to answer your questions, explain your legal options, and help you seek justice and closure during this difficult time.
Wrongful Death Attorney Frequently Asked Questions:
1. What is a wrongful death claim?
A wrongful death claim is a type of lawsuit filed by the surviving family member(s) or loved one(s) of a person who died as a result of someone else’s negligence or wrongful conduct. It seeks to hold the responsible party and usually their insurance company accountable to obtain compensation for the incredible losses which inevitably follow.
2. Who can file a wrongful death claim in South Dakota?
In South Dakota, a wrongful death claim can be filed by the personal representative of the deceased person’s estate. This is typically a close family member, such as a spouse, child, or
parent.
3. What types of damages can be recovered in a wrongful death lawsuit?
Damages in a wrongful death case can include:
- Lost income and benefits: Compensation for the income and economic gains the deceased would have earned but for the responsible party’s actions.
- Medical expenses: Costs incurred for the deceased person’s medical treatment prior to their death.
- Funeral expenses: Costs associated with the deceased person’s funeral and burial.
- Loss of companionship and support: Compensation for the emotional distress and loss of companionship suffered by the surviving family members.
- Emotional Pain
- Loss of Consortium
- Loss of Support and Guidance
- Pain and suffering: In some cases, compensation for the pain and suffering experienced by the deceased person before their death. This can also be referred to as a survival claim. In a survival action, compensation is sought for the for the losses the deceased incurred before their death. This can include medical expenses, lost income, and pain and suffering.
- Punitive damages: Depending on the circumstances leading to the wrongful death of your loved one, punitive damages may also be justified. In South Dakota, a punitive damages recovery turns on the conduct of the at-fault party. It requires more than simple negligence, i.e. a reckless disregard for the value of human life.
4. How long do I have to file a wrongful death lawsuit in South Dakota?
In South Dakota, the statute of limitations for wrongful death claims is generally three years from the date of the person’s death. It is important to consult with an attorney as soon as possible to ensure that your claim is filed within the required timeframe.
5. How much does it cost to hire a wrongful death attorney?
Most wrongful death attorneys work on a contingency fee basis. This means that you do not pay any attorney fees unless and until they recover compensation for you. The attorney’s fee is typically a percentage of the amount recovered.
6. What is the difference between a wrongful death claim and a survival action?
Survival actions claims compensate the deceased’s estate for any losses the deceased suffered as a direct result of their accident, such as: Lost earnings; medical bills; and pain and suffering.
In contrast, compensation in wrongful death claims redress the losses of surviving family members. These losses can include: loss of financial support; funeral expenses; emotional pain; loss of consortium; and loss of support and guidance.
7. How long does a wrongful death case take to resolve?
The length of time it takes to resolve a wrongful death case will vary on a number of factors, which is the case for any personal injury civil suit. Factor which can influence time include the complexity of the case, the degree of loss, the amount of available insurance or ability of the at-fault party to satisfy a judgment, the circumstances giving rise to the death, etc.
8. What should I do if I lose a loved one in an accident?
First and foremost, seek medical attention for anyone injured. Then, contact the authorities to report the accident. It’s crucial to gather any information you can about the incident, such as the names and contact information of witnesses, and preserve any evidence. As soon as possible, contact an experienced wrongful death attorney to discuss your legal options.
9. How do I know if I have a valid wrongful death claim?
If you believe your loved one’s death was caused by someone else’s negligence or wrongful actions, you may have a valid wrongful death claim. It is important to consult with a wrongful death attorney to discuss the specific facts of your case and determine whether you have a viable claim.