Fargo Wrongful Death Attorneys
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.
What is Wrongful Death?
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.
Eligibility to File a Wrongful Death Claim in North Dakota
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.
Causes of Wrongful Death
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 and Liability in Wrongful Death Cases
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.
Understanding Comparative Fault in Wrongful Death Cases
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.
What to do if a Loved One Passes Away Due to a Personal Injury Incident
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.
Recovering Damages for a Deceased Loved One
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.
The Emotional and Financial Impact on Children and Dependents
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.
How Long Do You Have to File a Wrongful Death Lawsuit?
There is a certain amount of time, known as the statute of limitations, that you’ll have to take legal action. The North Dakota statute of limitations is two years from the date of the victim’s death. If you don’t take legal action within this time period, you will not be able to file any kind of claim on your lost loved one’s behalf.
Contact a Wrongful Death Attorney for a Free Case Consultation
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.