Helping Families Who Lost a Loved One due to Wrongful Death in Minot, Ward County, and across North Dakota
North Dakota treats wrongful death lawsuits a little differently than they treat personal injury cases in their legal system. In this article we will look at the definition of a wrongful death and what constitutes a wrongful death civil case. We’ll also look at the types of damages available in a wrongful death claim, the statute of limitations from a wrongful death claim, and who is eligible to pursue a wrongful death lawsuit in Minot.
How does North Dakota define a Wrongful Death?
North Dakota outlines wrongful death in Section 32-21. In this section of North Dakota’s wrongful death statute, they give the definition of wrongful death as a: “wrongful act, neglect, or default” of person. The situation that caused the death–be it negligence, recklessness, or intentional–fits within the laws of wrongful death if the deceased person would have had a valid personal injury claim had they lived.
In other words, a wrongful death claim is a personal injury claim that is brought on behalf of the deceased by their family member or estate because they no longer alive to receive the compensation they deserve.
Oftentimes, the family members of the deceased suffer very serious damages, that outside of grief, affect their lives in extremely negative ways. This ensures that both the deceased person’s interests and the family’s interests are protected.
Damages in North Dakota Wrongful Death Lawsuit
Since a wrongful death claim, like a personal injury claim, fall under civil law, the suing party can only seek money damages, not criminal charges (at least not during the same proceedings).
A Minot, North Dakota wrongful death case often has economic damages and non-economic damages.
Economic Damages in Wrongful Death Case
- Medical and funeral expenses
- Rehab and care costs before death
- Lost income due to a family member’s death
Non-economic Damages in Wrongful Death Case
- Pain and suffering
- Mental and emotional distress
- Loss of companionship or consortium
These losses, like all personal injury and wrongful death civil cases, must be proved in court if the case cannot be settled during negotiations. This means that if one has to bring a wrongful death lawsuit to court, they will have to prove that these damages actually occurred and they cost the family real economic hardship.
This is where an experienced Minot wrongful death attorneys can help the personal representative of the decedent get through their grief by helping to lessen the stress associated with the legal proceedings. We give you space to grieve while we handle the stressful legalities.
Statute of Limitations for a North Dakota Wrongful Death Claim
A wrongful death claim in Minot, Ward County, and anywhere in North Dakota has a time limit of 2 years from the date of the victim’s death. Filing a wrongful death lawsuit as soon as possible helps protect evidence, preserve the validity of the case, and get the victim’s family compensation sooner than later.
Who May File a Wrongful Death Lawsuit in North Dakota?
The specific people who are eligible to file a wrongful death claim in North Dakota, in order, are:
- the surviving spouse
- the surviving children
- a surviving parent
- a surviving grandparent
- a personal representative of the deceased’s estate, and
- the person who had primary custody of the deceased at the time of the wrongful death.
This means that the spouse of a deceased person has a right to file a wrongful death lawsuit before the surviving children–and so on.
Situations that often cause Wrongful Deaths
- Motor vehicle accidents
- Medical malpractice
- Criminal negligence or misconduct
Contacting an Experienced Minot Wrongful Death Attorney
Sand Law helps clients in Minot, Ward County, and across North Dakota who are dealing with the extremely painful situation of a wrongful death in the family. Our team of experienced and dedicated personal injury attorneys represent our clients zealously and aggressively while being compassionate toward in their time of need.
We have offices across North Dakota in Watford City, Minot, Williston, and Bismarck. Our vast network of resources and expert witnesses helps ensure our clients get the compensation they deserve for their loved one’s death.
Contact Sand Law today to schedule your free consultation by calling (701) 609-1510 or by filling our our contact form. We look forward to helping you and your family in your time of need with compassion and understanding.