Frequently Asked Questions About Wrongful Death Claims

Wrongful deaths are a tragedy for everyone involved, and unfortunately thousands of Americans die wrongfully each year. If you’ve lost a loved one to another party’s wrongful act or negligence in North Dakota, you may have grounds to file a wrongful death claim to receive damages for your loss. But who can file a wrongful death claim in our state, and how should you choose the right North Dakota injury attorney to handle your case?

If you’re looking for answers or want to learn the answers to other frequently asked questions about wrongful death claims, our experts are here to help. Read on to find out what to do now, and to find out how to schedule a free consultation with an expert wrongful death lawyer in North Dakota.

What is Wrongful Death?

Wrongful death claims are civil cases brought forward by surviving relatives of persons killed due to negligence or intentional violent acts of another party. Wrongful death cases are separate from criminal legal proceedings and often take place once the criminal trial has concluded. They have a lower burden of proof than criminal cases and fall under the category of tort law, and are most often handled by personal injury lawyers (who specialize in negligence).

What is the Statute of Limitations for Wrongful Death Claims in North Dakota?

In our state, you have two years from the date of the death to file your claim in court. However, there are ways that you may “toll” or pause this clock under specific circumstances. If you are nearing the filing deadline, it’s imperative to contact an attorney as soon as possible to find out what to do next.

Who Can File a Wrongful Death Claim in North Dakota?

Different states have different rules regarding which relatives may file wrongful death claims. In North Dakota, the order of relatives who may file a claim is as follows:

1. The surviving spouse of the deceased, if any
2. The surviving child/children of the deceased, if any
3. The surviving parent of the deceased
4. A surviving grandparent of the deceased
5. The personal legal representative of the deceased
6. A person who had primary physical custody of the deceased before the wrongful act happened

What Damages May Be Recovered in a Wrongful Death Case?

Surviving relatives of the deceased may recover both economic and non-economic damages for their losses following a wrongful death, including (but not limited to) the following:

• Hospital and medical expenses
• Burial and funeral costs
• Loss of income
• Loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of companionship or consortium
• And more

The damages you are qualified for will depend on the circumstances surrounding the wrongful act. If you’re unsure whether or not you may qualify for the aforementioned damages, a qualified personal injury lawyer with knowledge of your case will be able to calculate your potential damages.

How Do I Choose the Right Lawyer?

There are many factors to consider before hiring a lawyer, but the most crucial qualification is experience. You should look for representation that is highly skilled in handling wrongful death claims in the state where the wrongful act occurred. Good attorneys offer new clients free initial consultations and operate on a contingency fee basis, meaning you do not pay them unless they win your case.

Need to Speak With a Lawyer? Call To Speak to North Dakota Attorney James Shaw Today

Our firm offers free consultations to all new clients, and we want to help you in the wake of your loss however we can. To schedule your free initial consultation with one of our experienced North Dakota injury attorneys, call our office at 1-800-555-0101. Don’t wait—find out what a wrongful death lawyer in North Dakota can do for you today.

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