Who Can Sue for Wrongful Death in North Dakota?

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Wrongful death is a civil claim that might be filed when a person is killed as a result of someone else’s negligence, recklessness, or wrongful actions. Also, if the victim in the case could have brought a personal injury claim had he or she been injured instead of killed in the incident, it can likely proceed as a wrongful death case in North Dakota. If you’ve lost a loved one to someone else’s negligence or violence, consult with an experienced Fargo personal injury attorney today.

Those Who Can File

In North Dakota, a variety of individuals related to the deceased are allowed to file wrongful death claims, but there is a hierarchy involved. The order in which relatives may file follows:

  • The deceased’s surviving spouse, if any
  • The deceased’s surviving children, if any 
  • The deceased’s surviving parent or parents
  • Any of the deceased’s surviving grandparents
  • The personal representative of the deceased’s estate
  • Whoever had primary physical custody of the deceased before the incident

Finally, if someone lower on the list asks whoever is at the top of the list to file the wrongful death claim, and that person does not do so within 30 days, the person who is next in line may so file. 

Wrongful death claims are complicated, and the complications include determining who has the right to bring the claim in the first place. If you’ve lost a relative to another person’s negligence, you need the professional legal counsel of an experienced Fargo personal injury attorney on your side.

Damages Sought

Because wrongful death claims are civil cases, the defendant’s liability is expressed solely in terms of monetary damages, which can come in the form of economic and noneconomic damages. Economic damages can include burial costs and much more. Noneconomic damages, on the other hand, can include the pain, suffering, and inconvenience you experienced, your emotional anguish, the loss of your loved one’s companionship, and more. Damages awarded in North Dakota wrongful death cases go directly to the beneficiaries. 

If You Have Questions about a Wrongful Death Case, an Experienced Fargo Personal Injury Attorney Can Help 

Wrongful death cases are obviously among the most emotionally wrenching cases – after all, you’ve lost a loved one when the death could have been prevented. While nothing can bring your loved one back, obtaining the compensation to which you are entitled can help you and your family move forward with the recovery process. 

The dedicated personal injury attorneys at  O’Keeffe O’Brien Lyson Foss in Fargo are committed to helping you do just that. For more information, please email one of our experienced personal injury attorneys – Tim O’Keeffe, Tatum O’Brien, or Sara Monson – or give us a call at 701-235-8000 or 877-235-8002 (toll-free) today.

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