What is the difference between a personal injury case and wrongful death case in South Dakota?


Personal injury and wrongful death cases have one thing in common - they arise when the negligent, reckless, or intentional conduct of one person causes another person to suffer harm. Whatever the particular instances, both cases usually involve negligence. Other than that common factor, these claims are very different and their differences must be understood before a person attempts to file either of them.

In sum, a personal injury claim is based upon an injury that occurs to a person. Conversely, in a wrongful death claim (as the title suggests) the injured person is now deceased.