Who Can File a Wrongful Death Case in North Dakota?

If you have recently suffered an untimely death in the family in North Dakota, you may be faced with a mountain of unexpected financial pressures, including the cost of medical care, burial costs, and the loss of financial support. You may even find that these pressures are getting in the way of your grieving process. You might have already considered legal action, but do you have a wrongful death case? Where would you even start?

North Dakota attorney James Shaw can help. He has nearly 30 years of experience representing clients like you with wrongful death claims and a record that speaks to his knowledge and dedication. Call 800-862-1260 today to get started.

North Dakota tort law limits who can file a wrongful death claim. A wrongful death claim must be filed by one of the following relations, in order:

• The surviving spouse of the deceased
• Surviving children of the deceased
• A surviving parent of the deceased
• A surviving grandparent of the deceased
• A representative of the estate of the deceased
• Someone with custody of the deceased upon time of death

Each of these parties has thirty days to file a wrongful death claim before responsibility passes to the next party. The statute of limitations for a wrongful death is two years, so you should act as soon as possible. If you are able to file a wrongful death claim under this law, look for a wrongful death lawyer in North Dakota to help you move forward.

A wrongful death is a death that resulted from the negligence or malice of another party than the deceased. Some recipients of wrongful death claims include:

• A workplace supervisor whose negligence lead to a fatal injury
• A driver whose negligence resulted in a fatal accident
• A medical professional whose malpractice resulted in death
• A company the use of whose products resulted in death
• Someone guilty of deadly physical assault upon the deceased

If you are interested in filing a wrongful death claim but unsure of who to name, contact a North Dakota injury attorney specializing in wrongful death to assist you.

What Compensation Can I Receive in a Wrongful Death Suit?

There are three types of damages available to claimants in a wrongful death suit.

1. Economic damages cover the financial costs stemming from the death, including medical care for the injuries that lead to death, burial costs, and loss of the income that they provided to the family unit.
2. Noneconomic damages compensate for the effects of a wrongful death outside of your finances. This includes pain and suffering, loss of consortium, loss of enjoyment, and an overall reduced quality of life.
   1. Both economic and noneconomic damages for a wrongful death are uncapped in North Dakota, except in the case of medical malpractice, in which case there is a limit of $500,000 on noneconomic damages. However, one district court found this cap to be unconstitutional. An experienced wrongful death lawyer in North Dakota can help you calculate these damages.
3. Punitive damages are meant to punish a defendant whose actions that resulted in the death of the deceased were particularly egregious or actively malicious. They are rarely awarded, and, depending on the specificities of your case, your attorney may not choose to pursue them.

When looking for a lawyer, try scheduling free consultations. In these meetings, you can ask about a lawyer’s level of experience with cases like yours, and how they might approach yours. Make sure that you only hire someone who can demonstrate experience with and knowledge of North Dakota wrongful death law.

North Dakota attorney James Shaw offers free consultations by phone at 800-862-1260. Call today to see how he can help you.