Wrongful Death Laws in North Dakota
The unexpected loss of a loved one is one of life’s most difficult challenges—especially when it results from someone else’s negligence. In North Dakota, wrongful death laws allow certain surviving family members to pursue compensation through civil court. These claims are designed to hold the at-fault party accountable while easing the financial burden left behind by the tragedy.
Who Can File a Wrongful Death Claim in North Dakota?
North Dakota law allows several people to file a wrongful death claim, depending on who survives the deceased. These individuals may include:
- The surviving spouse
- Children of the deceased
- Parents of the deceased
- Grandparents
- Personal representative of the estate
If more than one eligible party wants to bring a claim, the law outlines who takes priority in the filing process.
What Is Considered a Wrongful Death?
A wrongful death in North Dakota occurs when someone dies due to another person’s negligent, reckless, or intentional actions. Some of the most common causes include:
- Fatal car and truck accidents
- Motorcycle crashes
- Medical malpractice
- Nursing home neglect or abuse
- Workplace accidents
- Defective product injuries
- Criminal assaults
If the person could have filed a personal injury claim had they survived, their estate or family may now bring a wrongful death claim instead.
What Compensation Can Be Recovered?
North Dakota allows for several types of economic and non-economic damages in wrongful death claims, including:
- Medical bills related to the fatal injury
- Funeral and burial expenses
- Loss of the deceased’s financial support
- Loss of services, care, and guidance
- Emotional pain and suffering of the surviving family
- The deceased’s pain and suffering before death
The court may also award punitive damages if the conduct was intentional or grossly negligent.
Deadline for Filing a Wrongful Death Lawsuit
In North Dakota, wrongful death lawsuits must be filed within two years of the date of death. Missing this deadline could result in losing the right to compensation, no matter how strong the case may be.
Acting quickly also allows an attorney to investigate the case thoroughly and preserve important evidence.
Wrongful Death After a Car Accident in North Dakota
If someone dies in a motor vehicle crash caused by a negligent driver, their family may have the right to pursue a wrongful death claim. This could include accidents caused by:
- Speeding or reckless driving
- Drunk or drug-impaired driving
- Distracted driving
- Running red lights or stop signs
North Dakota follows a modified comparative fault rule. This means your loved one’s family may still recover compensation as long as the deceased was less than 50% at fault for the crash.
Workplace Fatalities and Third-Party Claims
When a fatal accident happens at work, families may qualify for workers’ compensation death benefits, which provide funeral coverage and lost wages.
However, if someone outside the employer was responsible for the incident—like a contractor or equipment manufacturer—a wrongful death claim may be filed against that third party in addition to workers’ comp.
Frequently Asked Questions About Wrongful Death in North Dakota
Can multiple family members file the same claim?
Only one wrongful death lawsuit can be filed, but several eligible family members may be named in the suit. The court determines how compensation is divided.
What if my loved one didn’t have a will?
If there is no will, a court-appointed representative can still file the wrongful death claim. The proceeds will be distributed according to North Dakota’s laws of intestate succession.
Can I still sue if the responsible party wasn’t arrested?
Yes. Wrongful death lawsuits are civil cases and don’t depend on criminal charges or convictions. You can file even if no criminal case exists.
Are punitive damages allowed?
Punitive damages may be awarded if the court finds the responsible party acted with intentional misconduct or gross negligence. These damages are rare but possible.
Speak With a North Dakota Wrongful Death Lawyer
If you’ve lost a loved one in a preventable tragedy, it’s important to understand your legal rights. A North Dakota wrongful death attorney can help you file a claim, build a strong case, and pursue compensation that honors your loved one’s memory. Contact a lawyer today to schedule a consultation and start moving forward.