Know Your Rights If A Loved One Is Killed
- A surviving spouse
- A surviving child or children
- Either surviving parent
- Any surviving grandparent
- The personal representative of a decedent’s estate
- Any individual who had primary custody of the deceased person prior to death
What Is Wrongful Death in North Dakota?
Losing a loved one due to an accident caused by someone else is emotionally devastating. It can be challenging to move past the grief and get to a point where you understand the legal and financial implications that death in the family can bring.
In North Dakota law, a death that is caused by a “wrongful act, neglect, or default” of another party is “wrongful.” A wrongful death lawsuit is a legal avenue a family can take to seek compensation for the loss of a family member and to hold a careless party accountable for their actions, giving the family some sense of justice.
North Dakota wrongful death lawsuits can arise from several different types of situations, the most common being accidents such as car or motor vehicle accidents. However, medical malpractice and intentional acts, like crimes, can also give rise to wrongful death cases.
Civil Cases Versus Criminal Cases
Intentional acts and crimes that cause the death of an individual can lead to wrongful death lawsuits. However, these civil cases are much different than criminal cases. A wrongful death lawsuit is a civil matter, which means the case is brought by an individual against a person or entity that caused the death. The purpose is to prove “by a preponderance of the evidence” that the at-fault individual more likely than not caused the death of an individual. A guilty verdict results in the at-fault party paying financial compensation for the losses caused by the death. The case is not about guilt or innocence. It is about proving liability.
A criminal case is a separate case brought by the state, not by the family. The burden of proof is much higher as the state must demonstrate “beyond a reasonable doubt” that an individual is guilty of committing an act that violates state or federal law. The result is not to make the victim “whole” but to establish wrongdoing and punish those who violate the law. An individual accused of a criminal act and facing a criminal trial can also face a civil wrongful death case related to the same death.
An experienced Bismarck wrongful death lawyer can explain other differences between the two types of cases and protect your family’s legal rights if a reckless accident, intentional act, or criminal violation caused a death in the family.
Time Limit for Filing a Wrongful Death Lawsuit in North Dakota
Mourning the loss of a cherished family member does not follow a set time limit. Filing a wrongful death lawsuit does. Although you may not feel emotionally ready to tackle a legal case, family members have a limited time to file a lawsuit in North Dakota. State law gives some surviving family members two years from the date of death to file a wrongful death suit.
There are several ways in which you could compromise your case by waiting too long to seek legal representation from a skilled law firm in Bismarck. First, the longer you wait, the more likely it is that evidence can be lost or destroyed. Witness memories can fade, and you may not have enough supporting documentation to build a solid case. You might also miss the filing window, which means the court can dismiss the case on a motion from the defense team.
Pursuing maximum compensation for your family’s injuries isn’t about replacing your loved one with money. It is about holding careless individuals responsible and ensuring that your family has the resources it needs to maintain financial stability, even in the absence of the love, support, and contributions of your loved one. You need a skilled wrongful death attorney in Bismarck to take on your case, pursue the compensation you deserve, and let you and your family grieve.
What Can Be Recovered
The damages that can be recovered in a wrongful death lawsuit are separated into two categories: economic and noneconomic damages.
Economic damages include funeral expenses, loss of income, and loss of employment opportunities or a business. They may also include the cost of medical care and rehabilitation services incurred before death.
Noneconomic damages include pain and suffering of the deceased person, physical impairment or disfigurement, survivors’ mental and emotional anguish, and loss of consortium or companionship.
Prompt Action Is Important
A North Dakota wrongful death lawsuit must be filed within two years of the deceased person’s death. It is wise to enlist the assistance of a knowledgeable personal injury attorney as soon as possible.
We welcome the opportunity to review the facts of your case and recommend the next steps to take during a free consultation. We understand the emotional pain that survivors are experiencing, so we approach them with great sensitivity and empathy. Call 701-255-3410 or use our online contact form to schedule a meeting.