Who Can File a Wrongful Death Lawsuit?

22nd January 2024

Summary

• The family members who can file a wrongful death lawsuit, in order, are the spouse, children, and then parents or grandparents.
• If there are no immediate living family members or no family members choose to take legal action, the deceased’s personal representative may file a lawsuit.
• A wrongful death attorney can fight for a family’s rights and hold those responsible for the fatal accident accountable for their negligence.

If someone else’s negligence leads to a tragic result, the surviving family members are often angry and want justice. They’ll usually seek this justice through a wrongful death lawsuit. The following is a look at who can file a wrongful death lawsuit in North Dakota.

The attorneys with Sand Law can guide you through filing a wrongful death lawsuit. We’ll also fight for your rights to get the negligent party to pay dearly for your loss. Schedule a free consultation by calling 701-609-1510 or contacting us online.

North Dakota Law and the Hierarchy of Taking Legal Action

In North Dakota, as in many other states, a wrongful death lawsuit is a legal avenue for seeking justice when negligence or a wrongful act causes a death. The laws surrounding who can file such a lawsuit provide a means for surviving family members to obtain compensation for the losses they’ve suffered due to the untimely death of their loved one.

North Dakota has specific statutes about filing a wrongful death lawsuit. This legal framework defines the scope of wrongful death actions, the individuals who have the standing to file such claims, and the potential damages family members can seek.

Eligible Parties to File a Wrongful Death Lawsuit in North Dakota

The following, in order, are the family members and others who can file a wrongful death lawsuit in North Dakota.

• The surviving spouse – The deceased’s surviving spouse has the primary right to bring a wrongful death lawsuit in North Dakota. This reflects the law’s recognition of the emotional and financial impact the loss can have on a husband or wife.

• Surviving children – If there is no surviving spouse, or if the surviving spouse chooses not to file a lawsuit, the right passes to the surviving children of the deceased. In cases where the deceased had both a surviving spouse and surviving children, they may choose to file the lawsuit jointly.

• Surviving parents or grandparents – If there are no surviving spouses or children, the right to file a wrongful death lawsuit extends to the surviving parents or grandparents of the deceased. This acknowledges the emotional loss and potential financial impact on parents who lose a child.

• A personal representative of the deceased’s estate – In certain circumstances, if none of the above-mentioned individuals file a lawsuit, the deceased’s appointed personal representative may bring a wrongful death action on behalf of the estate and the surviving family members. The court may appoint one if the victim didn’t appoint a representative.

How a Wrongful Death Attorney Can Help Family Members Obtain Compensation

Navigating a wrongful death lawsuit is a complex and emotionally challenging process. Experienced wrongful death attorneys play a crucial role in supporting family members and pursuing the compensation they deserve. Here’s how an attorney can help.

Legal Expertise in Wrongful Death Cases

Wrongful death attorneys have extensive knowledge of cases where individuals have lost their lives due to the negligence or wrongful acts of others. Their legal expertise allows them to navigate the intricacies of North Dakota’s wrongful death statutes and build a strong case on behalf of the surviving family members.

Investigation and Gathering Evidence

After a wrongful death, gathering evidence to establish liability is critical. Wrongful death attorneys conduct thorough investigations, collecting relevant documents, interviewing witnesses, and consulting experts to build a compelling case. This detailed approach is crucial in establishing the negligence or wrongful acts that led to the untimely death.

Assessment of Damages

Determining the extent of damages in a wrongful death case is complex. Wrongful death attorneys assess the financial and emotional impact on surviving family members, considering factors such as lost income, medical expenses, funeral costs, and the emotional suffering the victim endured before passing away.

Filing the Lawsuit on Time

Meeting statutory deadlines is critical in a wrongful death case. North Dakota’s statute of limitations for filing a wrongful death lawsuit is two years. Your attorney will meet this and all other deadlines, preventing any delay that could jeopardize the case.

Negotiating with Insurance Companies

Your attorney will seek compensation through the at-fault party’s insurance company. They’ll negotiate with the insurer, using their skills to secure a fair settlement that adequately addresses the damages suffered by the victim and your family.

Litigation and Trial Representation

If negotiations with the insurance company do not result in a satisfactory settlement, a wrongful death attorney will be prepared to take the case to court. They’ll provide skilled representation during litigation, presenting evidence, cross-examining witnesses, and advocating for the rights of the surviving family members before a judge and jury.

Compassionate Support and Communication

Dealing with the legal aspects of a wrongful death case is emotionally challenging. Wrongful death attorneys offer compassionate support to grieving family members, explaining legal procedures, addressing concerns, and providing clear communication throughout the process.

Find Out More About How We Can Help

The attorneys with Sand Law have a long track record of success in wrongful death lawsuits. We’ll use our knowledge and skills to help you find closure and financial stability. Schedule a free consultation by using our online form or calling 701-609-1510.

Frequently Asked Questions

Can extended family members file a wrongful death lawsuit in North Dakota?

No. Under North Dakota law, the right to file a wrongful death lawsuit is limited to the surviving spouse, surviving children, surviving parents or grandparents, and the personal representative of the deceased’s estate. Extended family members, such as siblings or cousins, don’t have the standing to take legal action unless they fall within the specified categories outlined in the statutes.

What happens if no family member steps forward to file a lawsuit?

The personal representative of the deceased’s estate has the authority to bring a wrongful death action on behalf of the estate and the surviving family members.

What role does the personal representative play in a wrongful death lawsuit?

They act as a legal representative on behalf of the estate and surviving family members, ensuring the lawsuit is filed within the statutory timeframe. The personal representative has the responsibility to bring the case to court and pursue compensation for the losses suffered by the family due to the wrongful death.