Wrongful Death After an Auto Accident in North Dakota

According to the North Dakota Department of Transportation, 105 people were killed on North Dakota roads in automobile accidents in 2018 (the most recent year data is available). When most people hear the term “automobile accident,” they think of these accidents in traditional terms: unavoidable events left up to fate. However, most, if not all, of the 105 deaths on North Dakota roads were caused by human error.

“Human error” encompasses a large umbrella of behaviors, but if the loss of your loved one was caused directly by the negligence of another, you may be eligible to file a wrongful death suit to receive compensation for your loss. If you believe a loved one has experienced a wrongful death after an auto accident in North Dakota, read on to learn more.

According to North Dakota statute Section 32-21-01, a death caused by the wrongful, negligent, or harmful act of another can be considered wrongful death. In this case, the deceased’s closest family members (descending in the order of spouse, child, parent, grandparent, and personal representative) can choose to file a wrongful death claim to receive financial compensation for their loved one’s pain and suffering and their own economic and non-economic losses.

In terms of auto accidents, establishing the negligence or harmful act of another is the key component in a successful wrongful death suit. Examples of driver negligence include:

• Intoxicated driving
• Distracted driving
• Drowsy driving
• Reckless driving (failure to adhere to speed limits and other road safety laws)
• Failure to upkeep vehicle
• Driving without a license or valid insurance

While there are other parties who can be held legally liable for wrongful death in auto accidents (for example, highways with incorrect or damage signage, improperly maintained roads, commercial trucking companies who fail to comply with safety regulations, etc.), by and large the most common defendant in wrongful death auto accident suits are the driver at fault.

If you believe your loved one has passed on after the negligence of another driver, speak with a North Dakota accident attorney as soon as possible.

The most important step towards receiving just compensation for the wrongful death of your loved one is hiring a qualified North Dakota car accident attorney. When seeking legal representation, pay attention to potential accident lawyers’ specialty areas. Do they list auto collisions and wrongful death as areas of expertise? Because of the complexity of wrongful death law and the importance of establishing sufficient negligence, it is crucial that your attorney has the requisite experience. It is also important to inquire after potential attorneys’ current caseloads. Do they have the time to devote individualized attention to your accident claim?

One of the most useful services a wrongful death lawyer can provide is to help you compile an accident claim that reflects the reality of the damages your family has suffered. Many families are unsure what they are eligible to claim; non-economic losses like grief and suffering are impossible to quantify, but that doesn’t mean you shouldn’t seek compensation.

North Dakota wrongful death law stipulates that all wrongful death suits must be filed within two years of the death in question. While we appreciate that families need the time and space to grieve, it is in your best interest to contact an accident attorney as soon as is reasonably possible in order to file your wrongful death suit quickly and effectively.

Big insurance companies know that attorney James Shaw never gives up until his clients receive due compensation for the wrongful deaths of their loved ones in auto accidents. Many North Dakota families have entrusted their claims to Mr. Shaw and have received justice for their tragic losses.

If you have lost a loved one due to driver negligence, contact the offices of North Dakota attorney James Shaw. Call toll-free at 1-800-555-0101 to schedule your no-cost, no-obligation initial consultation.