Personal Injury Attorneys Helping Families of Wrongful Death in Bismarck, Burleigh County, and across North Dakota
When an individual dies as a result of another party’s negligence or intentional act, their passing falls under the legal definition of a wrongful death. Such deaths can take many forms and can overlap with other areas of the law, such as workplace accidents and car accidents. Wrongful death claims allow the estate or relatives of the deceased to file a lawsuit against the party legally responsible for the death.
To hold a defendant liable, the claimant must meet the burden of proof to establish that the party being sued is responsible for the death. Depending on the circumstances of the death, this can be a difficult thing to do without help. The experienced wrongful death attorneys at Sand Law can help you through this difficult period. Serving the Bismarck and greater Burleigh County area, our attorneys will help you make the important decisions and hold the guilty parties responsible.
Wrongful Death Caused by Car Accidents
One of the most frequent overlaps in law is that of vehicle accidents and wrongful deaths. Any fatality that results from a car accident is, by its nature, a wrongful death, as it was caused by the negligent actions of another person. Drivers of any kind of vehicle on the road have the responsibility to obey traffic laws and signals, and to pay attention to others on the road around them.
Parties That can File a Wrongful Death Lawsuit
In cases involving vehicles, the wrongful death claim can be brought against both parties involved in the accident, as well as parties not directly involved in the accident itself but who may be attributed. Such targets include:
- The driver of the vehicle that crashed into the car the deceased was in, due to negligent action on their part such as distracted driving, driving under the influence, or failing to obey traffic signals.
- In the case of a commercial vehicle accident like a semi-truck, the business or corporation that owns said commercial vehicle. Sometimes commercial vehicle drivers are perfectly alert on the road, but an improperly loaded cargo in their vehicle that they weren’t aware of may shift and cause them to lose control. In this case, the driver is not at fault, but the company that did the loading is, and a wrongful death suit can be brought against them.
- In some cases, the wrongful death claim can be brought against the driver of the vehicle the deceased was a passenger in. This kind of claim results from accidents where the driver of the deceased’s car exhibited negligent behavior themselves that led to an accident, either with another car or with a roadside object like a lightpole.
If a pedestrian or bicyclist is killed by a motor vehicle on a roadway, their estate is also entitled to bring a wrongful death suit against the driver of the vehicle.
Wrongful Deaths affecting Children
Children are one of the groups most at risk for death due to negligence because they have not yet developed the ability to foresee danger. A lack of life experience due to them not yet having experienced many dangerous situations can prove fatal.
Children are at risk the most in car accidents, either due to them not being able to withstand the impact, or being in a car seat intended to protect them that has design flaws. Suffocation is another large risk, particularly if the child has a lot of toys with small parts. Across the country, the most common victims of drowning deaths are children, either from them moving to an area too deep in a pool or being caught in a river or lake current they aren’t strong enough to swim free of.
Children are often enticed by dangerous things simply because they do not have the life experience to understand their danger. Many wrongful child deaths can be prevented by following manufacturer safety precautions and taking extra care when watching over them.
Slips, Trips, and Falls that Lead to Death
Though nobody likes to think they would meet their end by a mundane occurrence, over fifteen thousand people die every year nationwide as the result of a fall. But it’s not as though Americans are intentionally throwing themselves to the ground – many of these incidents are caused by human error, with either individuals or businesses leaving hazardous conditions unaddressed.
When you’re on someone’s property, you are entitled to the expectation that you are safe. Property owners have a duty to maintain their land and buildings, and to make sure that visitors will not be injured in any way while on the premises in a lawful manner. It is important to remember that the rare death that occurs on a property while someone is there in an unlawful manner (i.e. trespassing) does not qualify as a wrongful death.
However, if someone legally on the property or in the building in question dies as the result of a fall, their relatives can file a wrongful death claim.
Experienced Wrongful Death Attorneys In Bismarck
When it comes to wrongful death, it is often a sudden and tragic occurrence that might otherwise be prevented. But if the negligence of another caused a loss of life of one of your loved ones, you are entitled to pursue the guilty party for damages. You need an experienced team to advocate for you. You deserve compensation for the harm you’ve suffered, and our wrongful death attorneys are the best to help you get it. Contact our experienced wrongful death lawyers at 701-609-1510, or fill out our online contact form today.