North Dakota Wrongful Death Lawyer

Who can bring a wrongful death claim in North Dakota?

North Dakota law sets an order of close family members who may bring the case, generally starting with a surviving spouse, then children, then parents. A personal representative of the estate may also bring it in some situations.

The case is brought for the benefit of the family members who suffered losses. Disagreements about who should lead the case can cause delays, so families should sort out that question early. We help families understand the order and work together, because the 2-year deadline keeps running while they decide.

Why is the deadline so much shorter for wrongful death?

Wrongful death claims generally must be filed within 2 years of the death, while most injury claims allow 6 years. That gap catches families off guard.

Consider a common situation. A farmer is badly hurt in a collision with a grain truck and dies from his injuries a year later. His own injury claim had a 6-year window. The family's wrongful death claim now generally runs on a 2-year clock from the date of death. If a medical error contributed, the malpractice clock may also matter. Starting early protects every option.

What losses can a North Dakota family recover?

A wrongful death claim covers both financial losses and the human loss. A separate survival claim covers the person's own losses before death.

• Medical and funeral expenses
• The income and support the person would have provided
• The value of household services, care and guidance
• Loss of companionship, society and comfort for close family
• Through the survival claim, the person's pain and suffering and lost earnings between the injury and death

When the death was caused by medical malpractice, the state's cap on noneconomic damages can apply. Our North Dakota medical malpractice page explains that cap.

How does the 50% fault bar affect a wrongful death case?

Any fault assigned to the person who died reduces the family's recovery, and if that fault reaches 50% or more, the family recovers nothing.

Here is an example. A man is killed when an oilfield truck crosses the center line on a two-lane highway. The defense argues he was driving too fast for the gravel shoulder. The jury values the family's losses at $1,500,000, finds the trucking company 80% at fault and the man 20% at fault. The family recovers $1,200,000. If the jury had found him 50% at fault, the family would recover nothing. Our truck accident page explains how carrier records help prove fault.

Does a criminal case affect the family's civil claim?

No. A criminal case and a civil wrongful death case are separate. The criminal case seeks punishment, while the family's case seeks compensation, and the civil case uses a lower standard of proof.

A drunk or reckless driver may plead to a lesser charge, or never be charged, and the family can still recover. A conviction can help prove fault, but the civil case does not need to wait for it. Waiting can let the 2-year deadline run short and allow evidence held by companies to disappear.

What if the death happened at work, on a farm or in the oilfield?

Workplace deaths often involve more than one claim. Workers' compensation through the state fund usually covers the employer, but other companies can still face a wrongful death lawsuit.

1. On well sites, other contractors, the operator and equipment makers may be responsible.
2. On farms, makers of defective augers, grain bin systems and tractors may be responsible.
3. In trucking, the carrier, broker and shipper may share fault.

Our workplace and construction injuries page explains these third-party claims.

In the first weeks, families often hear from insurers and employers before they have had time to grieve. You are not required to give a recorded statement, and early offers rarely reflect the full loss. Gather the death certificate, any police, sheriff or safety agency report, pay records and the names of coworkers or witnesses. If the death happened at a work site, ask that equipment and records be kept as they are. Those steps protect the claim while the family decides how to move forward.

Our North Dakota overview covers the state's general rules. We offer a free and confidential case review, and you pay no fee unless we recover compensation for your family.