Losing a Loved One after a Wrongful Death in Williston is Stressful and Devastating. Hiring an Attorney Can Help!
Losing a loved one is never easy, but losing a family member to preventable negligence or an avoidable accident can make the situation so much worse. The emotional pain of the loss can make everything seem more stressful and complicated, especially when financial hardship begins to rear its evil-head.
Pursuing legal action after a wrongful death–though it may seem like an odd process to pursue during a grief process– it may ultimately be the only way to ensure your own future is not ruined due to the negligence of another.
The wrongful death attorneys at Sand Law PLLC help families get the compensation they need and deserve at an avoidable wrongful death to secure their futures for the surviving family.
Let’s look at North Dakota’s definition of a wrongful death, the types of damages available in a wrongful death claim, the statute of limitations, and who is eligible to pursue a wrongful death lawsuit in North Dakota, including Williston and Williams County.
How does North Dakota define a Wrongful Death?
North Dakota’s wrongful death statute Section 32-2 defines wrongful death as a: “wrongful act, neglect, or default” of person that leads to the death of a victim.
Basically, a family would have a valid wrongful death claim if the deceased person would have had a valid personal injury claim if they have survived. Wrongful death claims are almost always brought by the deceased’s family or their estate to help them to get the compensation they need in this painful and desperate time.
The damages that wrongful death families suffer, can affect their lives in ways that can make an already awful situation worse. After your husband, for example dies, the only thing that can be worse is watching your children suffer because you cannot afford to feed or clothe them without your husband’s income.
Filing a wrongful death claim helps to ensure that both the deceased’s and the family’s interests are protected.
Damages that Arise Out of a Wrongful Death
A wrongful death claim allows the family or estate of a deceased person to seek money damages in order to help rebuild their lives and get back on track financially after the devastating costs that often come with a death in the family.
North Dakota wrongful death claims often have two specific types of damages: economic damages and non-economic damages.
Economic Damages in Wrongful Death Case
- Medical expenses
- Funeral expenses
- Pre-death Rehab and care
- Burial or cremation costs
- Lost income due to a family member’s death
- Future losses because of loss of family, like aid checks
Non-economic Damages in Wrongful Death Case
- Pain and suffering
- Mental and emotional distress
- Loss of spouse
- Loss of child
- Loss of companionship
These losses caused by a wrongful death case must be proven in court or settled during the negotiation process. This means either a jury will decide what compensation is deserved; or the two parties will agree on a monetary amount before a lawsuit is filed on their own.
Hiring an experienced Williston wrongful death attorneys can help you and your family get the compensation you need to begin moving forward. Sand Law will give you the space to grieve while we handle the stressful legalities of your case so that the situation–which we know is painful–can be made just a little easier.
Statute of Limitations for a North Dakota Wrongful Death Claim
A wrongful death claim in Williston, Williams County, and anywhere in North Dakota has a statute of limitations (or time limit) of 2 years. This countdown states from the date of the death.
A wrongful death lawsuit should be filed as soon as possible to help protect evidence, ensure witnesses are still available, and to preserve the validity of the case.
Who is Eligible to File a Wrongful Death Lawsuit in Williston, North Dakota?
The following parties can file a wrongful death claim in North Dakota. These parties are listed in order of who has the first right to file”
- 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. If a spouse if not alive or chooses not to file, then the surviving children are next in line to file the claim.
What situations often cause a wrongful death?
- Motor vehicle accidents
- Drunk driving accidents
- Distracted driving accidents
- Medical malpractice
- Misdiagnosed or wrong diagnoses
Contacting an Experienced Williston Wrongful Death Attorney
Sand Law helps clients in Williston, Williams County, and across North Dakota who are dealing with the painful loss of a loved one due to negligence in a wrongful death situation. Our team of experienced and dedicated personal injury attorneys represent our clients with compassion in their time of need.
We have offices across North Dakota in Watford City, Minot, Williston, and Bismarck to help ensure that we our conveniently located near you. Of course, if your situation prevents you from coming to us, we will come to you.
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.