Get Answers to Your Highest Priority South Dakota Legal Questions
Have questions? We have answers! Our South Dakota attorneys answer the questions they hear most often from clients just like you.
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What is the statute of limitations for a wrongful death claim in South Dakota?
In South Dakota, there are strict time limits on when a wrongful death case may be filed. This time limit is called the Statute of Limitations. In South Dakota, the Statute of Limitations for a wrongful death action is three (3) years from the date of death. This means that the case must either be settled or filed in court within this time or the claim is no longer valid.
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I was hit by a drunk driver in Sioux Falls and am suffering from various injuries. What are my legal options?Since drunk driving can be considered negligent behavior by its very definition, you may be able to file suit against the driver
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What is a wrongful death claim in South Dakota?
A wrongful death claim exists when a person dies due to the legal fault of another person. Every state, including South Dakota, has its own wrongful death laws.
Wrongful death claims involve all types of fatal accidents from car accidents to medical malpractice or product liability cases. Persons, companies, and governmental agencies can be legally at fault for acting negligently (failing to act as a reasonable person would have acted) or for acting intentionally.
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Do I really need help with my mother's probate in South Dakota or can I just do it on my own?
You can certainly do your mother's probate in South Dakota on your own. However, probate can often be complicated and you should seriously consider hiring a South Dakota probate attorney to make sure the process is done correctly.
Of course, when trying to find a South Dakota probate attorney, you should make sure he/she is licensed in South Dakota and has experience in probate issues.
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What is the average age of a child waiting for adoption in South Dakota?
According to the South Dakota Department of Social Services, the average age of a child waiting to be adopted is 9 years of age.
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What is the Interstate Compact on the Placement of Children?
The Interstate Compact on the Placement of Children is a law in all 50 states (including South Dakota), Washinton, D.C. and the Virgin Islands. It applies to the placement of minor children made from one state to another by public and private agencies, the courts, independent placers (i.e., physicians and attorneys), and individuals.
Excluded from the Compact requirements are close relatives, such as parents, step-parents, grandparents, adult brothers and sisters, adult uncles and aunts, and unrelated legal guardians who both send and receive the child. Also excluded are placements into educational and medical facilities.
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Does the South Dakota Department of Social Services pay attorney fees for adoption finalization?
Yes. The South Dakota Department of Social Services does pay attorney fees for adoption finalization of children that are placed through the Department. Non-recurring adoption expenses are covered by Child Protection Services for special needs children up to $1,500, which is a one-time-only fee.
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What happens if we move from South Dakota to another state and we have an adoption subsidy or Medicaid with the Department of Social Services?
You should notify the Department of your new address and phone number. The Department will transfer Medicaid to the new state. You will continue to receive the monthly subsidy payment.
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What is a public agency adoption in South Dakota?
In South Dakota, a public agency adoption is when a child has been placed in the Department of Social Services' custody, parental rights have been terminated, and the children are legally clear for adoption.
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Who is required to wear a seat belt in South Dakota?
In South Dakota, every driver and front seat passenger of a passenger vehicle operated on a public highway must wear a properly adjusted and fastened safety seat belt system at all times when the vehicle is in forward motion. A driver of a passenger vehicle must also secure a properly adjusted and fastened safety seat belt system on any passenger in the front seat who is at least five years of age but younger than eighteen years of age.