COMPLAINT FOR WRONGFUL DEATH

(South Dakota State Court – [COUNTY] Circuit Court)

[// GUIDANCE: This template follows South Dakota pleading practice under S.D. Codified Laws ch. 21-5 (Wrongful Death) and ch. 15-6 (Civil Procedure). Replace every bracketed placeholder before filing. Verify venue-specific formatting rules (margins, caption arrangement, signature block, filing fees).]

TABLE OF CONTENTS

1. Caption & Parties............................................................................................2
2. Preliminary Allegations.................................................................................3
3. Jurisdiction & Venue.....................................................................................3
4. Parties...............................................................................................................4
5. Factual Allegations.........................................................................................5
6. Causes of Action
   6.1 Count I – Wrongful Death (S.D. Codified Laws ch. 21-5)...................7
   6.2 Count II – Survival Action (S.D. Codified Laws §§ 21-4-1 et seq.).....8
7. Damages.........................................................................................................9
8. Prayer for Relief.............................................................................................11
9. Jury Demand.................................................................................................12
10. Verification (Optional).................................................................................12
11. Certification of Service...............................................................................13

1. CAPTION & PARTIES

IN THE CIRCUIT COURT
[] JUDICIAL CIRCUIT
[] COUNTY, SOUTH DAKOTA

[PLAINTIFF NAME], Personal Representative of the Estate of
[DECEDENT NAME], Deceased,
Plaintiff,

v. CIV. NO. _____

[DEFENDANT NAME(S)],
Defendant(s).
COMPLAINT FOR WRONGFUL DEATH
(Jury Trial Demanded)

2. PRELIMINARY ALLEGATIONS

1. Plaintiff, [PLAINTIFF NAME] (“Plaintiff”), brings this action as the duly appointed Personal Representative of the Estate of [DECEDENT NAME] (“Decedent”) pursuant to S.D. Codified Laws ch. 21-5.
2. This action seeks all damages recoverable for wrongful death on behalf of the statutory beneficiaries identified below, together with survival damages accruing to the Estate.
3. Plaintiff demands a jury trial on all issues so triable and reserves all constitutional rights thereto.

3. JURISDICTION & VENUE

4. This Court has subject-matter jurisdiction under S.D. Const. art. V § 5 and S.D. Codified Laws § 16-6-9 because the causes of action arise under South Dakota law and the amount in controversy exceeds the jurisdictional minimum.
5. Venue is proper in this County pursuant to S.D. Codified Laws § 15-5-6 because:
   a. At least one Defendant resides or does business in this County; and/or
   b. The wrongful acts and resulting death occurred in this County.

[// GUIDANCE: Select the appropriate venue basis; delete the inapplicable sub-paragraph.]

4. PARTIES

6. Plaintiff [FULL LEGAL NAME], an individual domiciled in [COUNTY], South Dakota, was appointed Personal Representative by the [NAME OF PROBATE COURT], File No. [___], on [DATE].
7. Decedent, [DECEDENT NAME], was a [AGE]-year-old [OCCUPATION] who resided in [COUNTY], South Dakota, and died on [DATE OF DEATH] as a direct and proximate result of Defendants’ wrongful conduct described herein.
8. Defendant [DEFENDANT NAME] is a [corporation / individual / partnership] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and conducts substantial, continuous, and systematic business in South Dakota.
9. At all relevant times, each Defendant acted individually and through its officers, agents, servants, or employees within the course and scope of such agency or employment and is vicariously liable for their acts and omissions.

5. FACTUAL ALLEGATIONS

10. On or about [DATE], at approximately [TIME], Decedent was lawfully present at/on [LOCATION].
11. Defendants owed Decedent a duty to exercise reasonable care, including but not limited to the duty to [SPECIFIC DUTIES—e.g., maintain safe premises, operate a motor vehicle prudently, provide competent medical care].
12. Defendants breached those duties by the following acts and omissions:
    a. [ACT/OMISSION 1];
    b. [ACT/OMISSION 2];
    c. [ACT/OMISSION 3]; and
    d. Such further negligence as may be proven at trial.
13. As a direct and proximate result of Defendants’ wrongful acts, Decedent sustained severe injuries leading to death on [DATE OF DEATH], incurring conscious pain and suffering, medical expenses, and other losses before death.
14. Plaintiff has complied with all statutory prerequisites to the commencement of this action, including timely appointment as Personal Representative and commencement within the applicable statute of limitations.

6. CAUSES OF ACTION

6.1 Count I – Wrongful Death

(Under S.D. Codified Laws ch. 21-5)

15. Plaintiff realleges paragraphs 1–14 as if fully set forth herein.
16. Under South Dakota’s wrongful death statute, Defendants are liable for death caused by their wrongful act, neglect, or default.
17. Statutory Beneficiaries: The following persons are entitled to recover damages for pecuniary injury resulting from Decedent’s death (“Eligible Beneficiaries”):
    a. [SPOUSE NAME], surviving spouse;
    b. [CHILD(REN) NAME(S)], surviving child(ren);
    c. [PARENT(S) NAME(S)], surviving parent(s) (if applicable).
18. Each Eligible Beneficiary has suffered losses including but not limited to loss of support, guidance, companionship, consortium, and household services.
19. Plaintiff seeks all damages recoverable under S.D. law, subject to any applicable statutory caps.

6.2 Count II – Survival Action

(Under S.D. Codified Laws §§ 21-4-1 et seq.)

20. Plaintiff realleges paragraphs 1–19 as if fully set forth herein.
21. Decedent’s personal injury claim for the period between injury and death survives to the Estate.
22. Damages recoverable by the Estate include:
    a. Conscious pain and suffering;
    b. Medical and hospital expenses;
    c. Lost wages and benefits accrued before death; and
    d. Any other damages permitted by law.

7. DAMAGES

23. Pursuant to S.D. Codified Laws ch. 21-5, Plaintiff seeks:
    a. Pecuniary damages sustained by each Eligible Beneficiary;
    b. Funeral and burial expenses;
    c. Interest as allowed by law.
24. Under the survival claim, Plaintiff seeks:
    a. Medical, hospital, and related expenses;
    b. Conscious pain and suffering of Decedent;
    c. Pre-death lost earnings;
    d. Property loss, if any.
25. Plaintiff seeks punitive damages to punish and deter willful, wanton, or reckless conduct, in an amount to be determined at trial and consistent with any statutory limitations (e.g., S.D. Codified Laws § 21-3-11 where applicable).
26. Plaintiff reserves the right to amend this Complaint to conform to the evidence and to plead additional damages as discovery progresses.

[// GUIDANCE: South Dakota does not impose a general wrongful-death cap, but non-economic damages in medical malpractice actions are capped at $500,000 (SDCL § 21-3-11). Retain or delete this reference depending on case type.]

8. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendants, jointly and severally, awarding:

1. Compensatory damages in an amount to be proven at trial;
2. Survival damages to the Estate;
3. Punitive damages as allowed by law;
4. Pre- and post-judgment interest at the statutory rate;
5. Costs of suit and allowable disbursements;
6. Such other and further relief as the Court deems just and proper.

9. JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right.

10. VERIFICATION (Optional)

STATE OF SOUTH DAKOTA )
) ss
COUNTY OF [___] )

I, [PLAINTIFF NAME], being first duly sworn, depose and state that I have read the foregoing Complaint and that the facts therein are true to the best of my knowledge, information, and belief.

[PLAINTIFF NAME], Personal Representative

Subscribed and sworn before me this ___ day of ____, 20__.

Notary Public
My commission expires: ______

11. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of ____, 20__, I served a true and correct copy of the foregoing Complaint upon:

[ ] Counsel for Defendant [NAME]
[ADDRESS / EMAIL / ELECTRONIC FILING SYSTEM]

by [state method of service consistent with S.D. Codified Laws §§ 15-6-5(b) & 15-6-5(l)].

[ATTORNEY NAME], Attorney for Plaintiff
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
(S.D. Bar No. ______)

ATTORNEY SIGNATURE BLOCK

Respectfully submitted,

DATED: ___, 20 ______
[ATTORNEY NAME]
[LAW FIRM NAME]
[ADDRESS]
[CITY], SD [ZIP]
Tel: [PHONE]
Email: [EMAIL]
Attorneys for Plaintiff
(S.D. Bar No. ____)
[// GUIDANCE: Confirm that any claim for punitive damages complies with S.D. Codified Laws § 21-1-4.1 (motion for leave to amend) if the action arises from medical malpractice or other statutorily restricted contexts.]