Wrongful Death Complaint - South Dakota

COMPLAINT FOR WRONGFUL DEATH

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

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 §§ 21-5-1 to 21-5-8)...................7
   6.2 Count II – Survival Action (S.D. Codified Laws §§ 21-5-2, 15-4-1).....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] COUNTY, SOUTH DAKOTA

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 §§ 21-5-1 to 21-5-8.
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, which vests the circuit court with original jurisdiction over all actions at law and in equity, including this wrongful death and survival action. South Dakota's Unified Judicial System has no separate probate or county court; the circuit court also holds original jurisdiction over matters of probate, guardianship, conservatorship, and settlement of estates of deceased persons.
5. Venue is proper in this County pursuant to S.D. Codified Laws § 15-5-6 because at least one Defendant resides or does business in this County at the commencement of this action.

4. PARTIES

6. Plaintiff [FULL LEGAL NAME], an individual domiciled in [COUNTY], South Dakota, was appointed Personal Representative of the Estate of Decedent by the Circuit Court, [___] Judicial Circuit, [COUNTY] County, South Dakota (South Dakota has no separate probate court; probate matters are heard by the circuit court under S.D. Codified Laws § 16-6-9), Probate 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 §§ 21-5-1 to 21-5-8)

15. Plaintiff realleges paragraphs 1–14 as if fully set forth herein.
16. Under S.D. Codified Laws § 21-5-1, Defendants are liable for Decedent's death because it was caused by Defendants' wrongful act, neglect, or default that would have entitled Decedent to maintain an action and recover damages had death not ensued.

17. Statutory Beneficiaries: Pursuant to S.D. Codified Laws § 21-5-5, this action is brought for the exclusive benefit of the following person(s) (“Eligible Beneficiaries”):
    ☐ a. [SPOUSE NAME], surviving spouse, and [CHILD(REN) NAME(S)], surviving child(ren); or, if there is neither a surviving spouse nor surviving children,
    ☐ b. [PARENT(S) NAME(S)], surviving parent(s), and/or [NEXT OF KIN NAME(S)], surviving next of kin.

18. Each Eligible Beneficiary has suffered pecuniary loss including but not limited to loss of support, guidance, companionship, consortium, and household services resulting from Decedent's death.

19. Pursuant to S.D. Codified Laws § 21-5-7, Plaintiff seeks such damages as the jury may find proportionate to the pecuniary injury resulting from Decedent's death to the Eligible Beneficiaries. South Dakota imposes no general statutory cap on compensatory damages recoverable in this wrongful death action.

6.2 Count II – Survival Action

(Under S.D. Codified Laws §§ 21-5-2 and 15-4-1)

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 § 21-5-7, 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 (S.D. Codified Laws §§ 21-5-2, 15-4-1), 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. Pursuant to S.D. Codified Laws § 21-3-2, Plaintiff seeks punitive/exemplary damages, in an amount to be determined at trial, upon a showing that Defendants have been guilty of oppression, fraud, or malice, actual or presumed. Plaintiff notes that under S.D. Codified Laws § 21-1-4.1, a punitive damages claim may not be submitted to the finder of fact, and discovery relating thereto may not be commenced, until the Court finds, after a hearing and based on clear and convincing evidence, a reasonable basis to believe there has been willful, wanton, or malicious conduct; Plaintiff reserves the right to move to add a punitive damages claim upon such a showing. South Dakota's medical malpractice general-damages cap, S.D. Codified Laws § 21-3-11, does not apply to this action.

26. Plaintiff reserves the right to amend this Complaint to conform to the evidence and to plead additional damages as discovery progresses.

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)].

____________________________________
[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. [____])