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Having to experience the sudden loss of a loved one is the most horrible thing anyone will ever have to endure. However, when that loss occurs due to the carelessness or negligence of someone else, that can make the tragedy even worse. When this happens, the remaining family members are often overwhelmed, and have no idea what to do next.
Sand Law attorneys can help. If you suffered a tragic loss due to negligence, we can help you file a wrongful death lawsuit. No amount of money, of course, will ever make up for what you’ve had to go through. But taking legal action could not only hold that negligent party accountable, it could also help you obtain compensation. This compensation could help keep your family financially secure while you try to work through the pain you’re experiencing.
If you would like to learn more, please give us a call at 701-609-1510 or contact us online for a free consultation. We can go over your case, and tell you how we may be of assistance.
The state of North Dakota defines wrongful death as a “wrongful act, neglect or default” that results in a person’s death. The negligent or reckless act could be causing a fatality due to driving while impaired, or neglecting to clean a retail store aisle and causing a fatal slip and fall accident. The act could be negligent, or it could be intentional.
In order to be eligible to file a wrongful death lawsuit, the deceased person would need to have been able to file a personal injury suit had they lived through the injury suffered as a direct result of the accident. For example, if the victim was severely injured in a car accident, and had survived the injury, that person would have been able to file a personal injury lawsuit against the negligent driver.
A wrongful death claim is basically the same thing as a personal injury claim. The difference is the family of the victim will be taking action, rather than the victim.
In North Dakota, not just anyone can file a wrongful death claim. Typically, the personal representative of the deceased’s estate is the one to initiate the lawsuit. If there isn’t a representative, certain family members, such as spouses, children, or parents, may be eligible to file. It’s essential to understand who has the legal right to pursue compensation to ensure the claim is valid and enforceable.
There are, unfortunately, many ways in which an accident can lead to a wrongful death. Car crashes and truck accidents, for instance, can oftentimes result in fatalities due to another driver’s recklessness. A negligent motorist may have been speeding, or a truck driver may have been fatigued. The accident could also be due to negligence committed by the manufacturer of a faulty part that failed. It could be due to a government agency’s failure to maintain a road.
A workplace accident, such as an oilfield catastrophe or construction site accident, could also result in a wrongful death. Oilfields are notoriously dangerous places to work. In many instances, fatal accidents occur because employers negligently ignore unsafe working conditions. When this happens, the family of the victim may be able to file a wrongful death claim against that employer, as well as any other entities that might have contributed to those conditions.
Proving negligence – as well as determining all of the potentially liable parties – in a wrongful death lawsuit can be a very difficult task. This is true whether the victim died in a car accident or any other type of accident.
This is just one of the many reasons why you will need the help of an attorney who has a great deal of experience in this area of the law. At Sand Law, we have a team of legal representatives who have just that. We know how to compel insurance companies to provide grieving families the compensation they deserve.
How do we do this? By performing an exhaustive investigation into the fatal accident, uncovering the evidence that proves – without a shadow of a doubt – that the accident occurred through no fault of the deceased.
North Dakota operates under a comparative fault system. This means that if the deceased was partially at fault for the incident leading to their death, any compensation awarded might be reduced by their percentage of fault.
For instance, if the deceased was found to be 20% at fault, the total compensation might be reduced by that percentage. It’s crucial to work with an attorney who can effectively present evidence and arguments to minimize any reductions in compensation due to comparative fault.
It can seem nearly impossible for the loved ones of someone taken far too soon to be able to think clearly in the aftermath. However, it will be imperative that you do exactly that if you want to obtain full compensation for the suffering you’ve had to endure.
You will have to hire an attorney as soon as you can. The earlier you do so, the earlier an investigation can begin. The reason this is important is that an accident scene can change quickly, due to changing weather conditions, road construction and other factors. This could make it very difficult to gather the proof needed to make your case as strong as possible.
Also, if there were witnesses, they could forget key details. Even worse, they could change their minds and decide they no longer want to talk. When you hire a Sand Law attorney, we will take care of every aspect of your claim, providing you the time and space to mourn your loss.
Your attorney will work to help you obtain the monetary losses, or “damages,” that you and your lost loved one incurred due to the accident and resulting injury. These damages include medical bills, lost wages, funeral expenses, burial costs, and more. You may also be able to obtain compensation for future economic losses due to your loved one’s missed salary.
There are other types of damages as well, known as “non-economic” damages. These include pain and suffering and emotional trauma the deceased experienced before passing away, as well as your family’s emotional trauma. A skilled attorney will know exactly how much compensation to demand for your non-economic damages.
Losing a parent or guardian can have profound effects on children and dependents, both emotionally and financially. Beyond the immediate grief, children may lose the guidance, mentorship, and support that a parent provides.
Dependents might face financial hardships, especially if the deceased was the primary breadwinner. A wrongful death claim can seek compensation for these intangible losses, ensuring that children and dependents have the resources they need to navigate life without their loved one.
Please don’t hesitate to contact a wrongful death attorney with Sand Law to learn more about how we may be able to help you during this trying time. Schedule a free case review by using our online contact form or calling 701-609-1510.
Losing a loved one is never easy, but losing a family member to preventable negligence or an avoidable accident can make the situation so much worse. The emotional pain of the loss can make everything seem more stressful and complicated, especially when financial hardship begins to rear its evil-head.
Pursuing legal action after a wrongful death–though it may seem like an odd process to pursue during a grief process– it may ultimately be the only way to ensure your own future is not ruined due to the negligence of another.
The wrongful death attorneys at Sand Law PLLC help families get the compensation they need and deserve at an avoidable wrongful death to secure their futures for the surviving family.
Let’s look at North Dakota’s definition of a wrongful death, the types of damages available in a wrongful death claim, the statute of limitations, and who is eligible to pursue a wrongful death lawsuit in North Dakota, including Williston and Williams County.
North Dakota’s wrongful death statute Section 32-2 defines wrongful death as a: “wrongful act, neglect, or default” of person that leads to the death of a victim.
Basically, a family would have a valid wrongful death claim if the deceased person would have had a valid personal injury claim if they have survived. Wrongful death claims are almost always brought by the deceased’s family or their estate to help them to get the compensation they need in this painful and desperate time.
The damages that wrongful death families suffer, can affect their lives in ways that can make an already awful situation worse. After your husband, for example dies, the only thing that can be worse is watching your children suffer because you cannot afford to feed or clothe them without your husband’s income.
Filing a wrongful death claim helps to ensure that both the deceased’s and the family’s interests are protected.
A wrongful death claim allows the family or estate of a deceased person to seek money damages in order to help rebuild their lives and get back on track financially after the devastating costs that often come with a death in the family.
North Dakota wrongful death claims often have two specific types of damages: economic damages and non-economic damages.
These losses caused by a wrongful death case must be proven in court or settled during the negotiation process. This means either a jury will decide what compensation is deserved; or the two parties will agree on a monetary amount before a lawsuit is filed on their own.
Hiring an experienced Williston wrongful death attorneys can help you and your family get the compensation you need to begin moving forward. Sand Law will give you the space to grieve while we handle the stressful legalities of your case so that the situation–which we know is painful–can be made just a little easier.
A wrongful death claim in Williston, Williams County, and anywhere in North Dakota has a statute of limitations (or time limit) of 2 years. This countdown states from the date of the death.
A wrongful death lawsuit should be filed as soon as possible to help protect evidence, ensure witnesses are still available, and to preserve the validity of the case.
The following parties can file a wrongful death claim in North Dakota. These parties are listed in order of who has the first right to file”
This means that the spouse of a deceased person has a right to file a wrongful death lawsuit before the surviving children–and so on. If a spouse if not alive or chooses not to file, then the surviving children are next in line to file the claim.
Sand Law helps clients in Williston, Williams County, and across North Dakota who are dealing with the painful loss of a loved one due to negligence in a wrongful death situation. Our team of experienced and dedicated personal injury attorneys represent our clients with compassion in their time of need.
We have offices across North Dakota in Watford City, Minot, Williston, and Bismarck to help ensure that we our conveniently located near you. Of course, if your situation prevents you from coming to us, we will come to you.
Contact Sand Law today to schedule your free consultation by calling (701) 609-1510 or by filling our our contact form. We look forward to helping you and your family in your time of need with compassion and understanding.
Wrongful death cases often overlap with other areas of criminal law. Cases involving vehicle or construction accidents can become wrongful death cases if the injuries of the person involved prove fatal.
Car crashes have a nasty habit of turning lethal, especially if the vehicles involved are moving at high speeds, or are of larger size like semi-trucks. Thousands of Americans die every year as a result of an accident involving a motor vehicle, either from the crash itself or as the result of complications of injuries from the crash. If the crash was caused by human error – such as driver negligence or driving under the influence – the relatives of the deceased can sue the driver responsible for the crash for wrongful death.
While a crash between two cyclists likely won’t result in anything more than a few scrapes, in the event a cyclist is struck by a car, the cyclist loses out based on the simple fact that the vehicle is larger and traveling faster. Some drivers have bad habits when it comes to cyclists and do not believe in sharing the road, an attitude that can prove harmful in the long run.
Similar to cyclists, motorcycle riders are at greater risk of injury if they are involved in a vehicle accident. Without the frame of a car around them, even the best safety gear can only do so much to protect riders if they’re struck at speed. Some drivers have the same lack of respect for motorcycle riders as they do for bicycle riders, and can be charged with wrongful death for their negligence.
With the amount of oil rigs operating in North Dakota, and even with the amount of safety precautions employees on said rigs undertake to protect themselves, accidents can and do happen. Wrongful death suits can be brought against employers that try to cut corners on safety measures that lead to a death.
By filing a wrongful death claim, the dependents of the deceased can seek a variety of damages from the party responsible. The party responsible for the accident will be held accountable, and will be made to pay restitution to the family of the deceased.
This is applicable to anyone who was financially dependent on the deceased, such as their children or their spouse, if their spouse was unemployed or was a stay at home parent. These damages can also be applied to the loss of future support, the income that would otherwise have been earned by the deceased.
The loss of a spouse is devastating, but it can be made even worse when it happens at an unexpected time. Claimants in wrongful death cases can seek damages for their grief at the loss of their spouse.
If the deceased person incurred medical expenses before their passing, such as surgeries that attempted to save their life, their surviving family can be responsible for paying the costs. Wrongful death cases can pass that burden onto the person or other entity that is much more directly responsible, and mandate that they take on the costs.
The emotional and financial burden of losing a loved one unexpectedly can leave your family feeling ruined. The circumstances can seem complex, with a heavy emotional component wrapped up in them leaving the entire process feeling daunting. It is important to speak to an experienced wrongful death attorney to discuss the specifics of your case.
Our experienced wrongful death attorneys can help you get the compensation you deserve, and hold the parties responsible for the death of your loved one to account. Contact us today at (701) 609-1510 or by filling our our contact form.
North Dakota treats wrongful death lawsuits a little differently than they treat personal injury cases in their legal system. In this article we will look at the definition of a wrongful death and what constitutes a wrongful death civil case. We’ll also look at the types of damages available in a wrongful death claim, the statute of limitations from a wrongful death claim, and who is eligible to pursue a wrongful death lawsuit in Minot.
North Dakota outlines wrongful death in Section 32-21. In this section of North Dakota’s wrongful death statute, they give the definition of wrongful death as a: “wrongful act, neglect, or default” of person. The situation that caused the death–be it negligence, recklessness, or intentional–fits within the laws of wrongful death if the deceased person would have had a valid personal injury claim had they lived.
In other words, a wrongful death claim is a personal injury claim that is brought on behalf of the deceased by their family member or estate because they no longer alive to receive the compensation they deserve.
Oftentimes, the family members of the deceased suffer very serious damages, that outside of grief, affect their lives in extremely negative ways. This ensures that both the deceased person’s interests and the family’s interests are protected.
Since a wrongful death claim, like a personal injury claim, fall under civil law, the suing party can only seek money damages, not criminal charges (at least not during the same proceedings).
A Minot, North Dakota wrongful death case often has economic damages and non-economic damages.
These losses, like all personal injury and wrongful death civil cases, must be proved in court if the case cannot be settled during negotiations. This means that if one has to bring a wrongful death lawsuit to court, they will have to prove that these damages actually occurred and they cost the family real economic hardship.
This is where an experienced Minot wrongful death attorneys can help the personal representative of the decedent get through their grief by helping to lessen the stress associated with the legal proceedings. We give you space to grieve while we handle the stressful legalities.
A wrongful death claim in Minot, Ward County, and anywhere in North Dakota has a time limit of 2 years from the date of the victim’s death. Filing a wrongful death lawsuit as soon as possible helps protect evidence, preserve the validity of the case, and get the victim’s family compensation sooner than later.
The specific people who are eligible to file a wrongful death claim in North Dakota, in order, are:
This means that the spouse of a deceased person has a right to file a wrongful death lawsuit before the surviving children–and so on.
Sand Law helps clients in Minot, Ward County, and across North Dakota who are dealing with the extremely painful situation of a wrongful death in the family. Our team of experienced and dedicated personal injury attorneys represent our clients zealously and aggressively while being compassionate toward in their time of need.
We have offices across North Dakota in Watford City, Minot, Williston, and Bismarck. Our vast network of resources and expert witnesses helps ensure our clients get the compensation they deserve for their loved one’s death.
Contact Sand Law today to schedule your free consultation by calling (701) 609-1510 or by filling our our contact form. We look forward to helping you and your family in your time of need with compassion and understanding.
When an individual dies as a result of another party’s negligence or intentional act, their passing falls under the legal definition of a wrongful death. Such deaths can take many forms and can overlap with other areas of the law, such as workplace accidents and car accidents. Wrongful death claims allow the estate or relatives of the deceased to file a lawsuit against the party legally responsible for the death.
To hold a defendant liable, the claimant must meet the burden of proof to establish that the party being sued is responsible for the death. Depending on the circumstances of the death, this can be a difficult thing to do without help. The experienced wrongful death attorneys at Sand Law can help you through this difficult period. Serving the Bismarck and greater Burleigh County area, our attorneys will help you make the important decisions and hold the guilty parties responsible.
One of the most frequent overlaps in law is that of vehicle accidents and wrongful deaths. Any fatality that results from a car accident is, by its nature, a wrongful death, as it was caused by the negligent actions of another person. Drivers of any kind of vehicle on the road have the responsibility to obey traffic laws and signals, and to pay attention to others on the road around them.
In cases involving vehicles, the wrongful death claim can be brought against both parties involved in the accident, as well as parties not directly involved in the accident itself but who may be attributed. Such targets include:
If a pedestrian or bicyclist is killed by a motor vehicle on a roadway, their estate is also entitled to bring a wrongful death suit against the driver of the vehicle.
Children are one of the groups most at risk for death due to negligence because they have not yet developed the ability to foresee danger. A lack of life experience due to them not yet having experienced many dangerous situations can prove fatal.
Children are at risk the most in car accidents, either due to them not being able to withstand the impact, or being in a car seat intended to protect them that has design flaws. Suffocation is another large risk, particularly if the child has a lot of toys with small parts. Across the country, the most common victims of drowning deaths are children, either from them moving to an area too deep in a pool or being caught in a river or lake current they aren’t strong enough to swim free of.
Children are often enticed by dangerous things simply because they do not have the life experience to understand their danger. Many wrongful child deaths can be prevented by following manufacturer safety precautions and taking extra care when watching over them.
Though nobody likes to think they would meet their end by a mundane occurrence, over fifteen thousand people die every year nationwide as the result of a fall. But it’s not as though Americans are intentionally throwing themselves to the ground – many of these incidents are caused by human error, with either individuals or businesses leaving hazardous conditions unaddressed.
When you’re on someone’s property, you are entitled to the expectation that you are safe. Property owners have a duty to maintain their land and buildings, and to make sure that visitors will not be injured in any way while on the premises in a lawful manner. It is important to remember that the rare death that occurs on a property while someone is there in an unlawful manner (i.e. trespassing) does not qualify as a wrongful death.
However, if someone legally on the property or in the building in question dies as the result of a fall, their relatives can file a wrongful death claim.
When it comes to wrongful death, it is often a sudden and tragic occurrence that might otherwise be prevented. But if the negligence of another caused a loss of life of one of your loved ones, you are entitled to pursue the guilty party for damages. You need an experienced team to advocate for you. You deserve compensation for the harm you’ve suffered, and our wrongful death attorneys are the best to help you get it. Contact our experienced wrongful death lawyers at 701-609-1510, or fill out our online contact form today.
Like every state, North Dakota has its own rules when it comes to wrongful death lawsuits filed in the state’s civil court system. In this article, we’ll look at North Dakota’s definition of wrongful death, who may file a wrongful death lawsuit in North Dakota, what types of damages are available, and the time limits for filing this kind of civil case. We will also examine how an experienced North Dakota wrongful death attorney can help ensure your family’s situation is not made worse by creating unnecessary financial strain on top of the grief of losing a loved one.
North Dakota’s wrongful death statute, Section 32-21-01, defines wrongful death as a “wrongful act, neglect, or default” that leads to the death of a person. The cause of death may be negligence, recklessness, or intentional. But to qualify as a wrongful death in North Dakota, the deceased person must have had a viable personal injury claim had they survived. Meaning, if medical malpractice caused the wrongful death, then the victim would have had a valid personal injury med mal claim had they not died.
Basically, a wrongful death claim is a personal injury claim that arises because the injured person can no longer protect their legal interests in death. Instead, another party pursues the claim on behalf of the deceased to protect the deceased’s estate and legal rights of the surviving family members.
Individuals who can file a wrongful death claim in North Dakota are listed below in the order of first priority.
For example, if the deceased person did not have a living spouse at the time of their death, then their child or children are next in line to file a wrongful death claim.
North Dakota law also states that any person in the above order has 30 days to bring forth the wrongful death action or the next person in order may bring the action.
North Dakota requires that a wrongful death claim be filed within 2 years from the date of the deceased victim’s death. This time limit is set by North Dakota Century Code section 28-01-18.
In order to ensure that you are following proper procedure with your loved one’s wrongful death claim, it is best to speak to a North Dakota attorney with experience in wrongful death cases to ensure time limits are met and the statute of limitations has not expired. North Dakota wrongful death lawyers can also help to ensure your claim get the most compensation available to rebuild your life.
Common damages that are pursued in a North Dakota wrongful death case are often divided into two categories: economic and non-economic damages.
These losses must be provable, either during negotiations or in court as with any North Dakota personal injury lawsuit. The judge or jury will also need to be clear on which damages are for past, present, and future expenses. A wrongful death attorney can help ensure that this is done correctly.
Any monetary damages that are awarded to the beneficiaries may not be taxed as part of the estate.
When a car accident leads to an untimely death, the surviving loved ones maybe able to seek a wrongful death lawsuit. A wrongful death car accident is as an unintended fatality that is caused by the negligence or recklessness of another driver or person. The wrongful death may be the fault of another driver, a semi-truck driver, the vehicle’s manufacturer, or the governmental department tasked with maintaining the roads. A wrongful death accident seeks a claim against the responsible party to recover compensation for the financial burden of the their loved one’s death. These financial damages may include funeral and burial expenses, medical bills, loss of income and financial support, emotional suffering, and pain and suffering. In North Dakota, the law requires a wrongful death lawsuit to be filed no later than two (2) years after the date of the person’s death.
The dangers of working in an oilfield have led to numerous injuries and fatalities. When a person loses their life while working in the North Dakota oil industry, it can have a profound impact on the life of those they leave behind. Loss of companionship and relationship, loss of financial support, and mounting bills can all leave a family stressed and confused. Getting compensation for an oilfield accident can assist a grieving family with the financial stress that can come from losing a loved one, especially if that loss created large medical bills, burial costs, and lost income.
Wrongful death cases involving a North Dakota oil field incident can be difficult to navigate without an experienced personal injury lawyer. The attorneys at Sand Law can help a surviving spouse or qualified family member to file a wrongful death claim so they can be compensated for the damages the negligent death created.
This can include:
Sand Law protects families across North Dakota after they suffer the wrongful death of a family member or loved one. Our team of experienced and dedicated personal injury attorneys understand the need for compassion in this delicate time. We promise to be aggressive in defending your rights and gentle in dealing with your family.
Sand Law PLLC has offices in Fargo, Watford City, Minot, Williston, and Bismarck to represent North Dakotans across the state. Contact Sand Law right away to schedule your free wrongful death consultation by calling 701-609-1510 or by filling our our contact form. We look forward to helping you and your family.