Under North Dakota law, a wrongful death is one that arises from the “wrongful act, neglect, or default” of another. The act that causes death may be negligent, reckless, or intentional.
Wrongful death claims can be made in a variety of circumstances, including fatal car accidents, medical malpractice, and dangerous or defective products. In North Dakota, a wrongful death lawsuit may be brought by any of the following people in the following order:
If anyone entitled to bring the action refuses or does not do so for a period of 30 days after demand of the individual next in order, that person may then bring the action. A wrongful death claim in the state must be filed within two years of the date of the deceased person’s death.
The damages available in wrongful death lawsuits vary according to state law. Economic damages typically include the following:
Although more difficult to quantify, non-economic damages are often considered more valuable than economic damages, and include:
Wrongful Death Damage Calculations
As with any other personal injury case brought in North Dakota, the damages awarded are based on the losses that are provable in court. Contact an experienced wrongful death lawyer at O’Keeffe O’Brien Lyson Foss online, or call 701-235-8000 or 877-235-8002 (toll-free) today.
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