Fargo Wrongful Death Attorney

Wrongful Death Claims in North Dakota

Have you lost a loved one due to a third party’s negligence? While you grieve from the loss, you may also begin to suffer financially due to the many damages caused by their untimely passing. A wrongful death claim can help you recover lost finances and more, but it can be understandably difficult to start such a claim.

At Maring Williams Law Office, we do all we can to approach wrongful death claims with sensitivity and respect. We know that you are suffering emotionally and need attentive legal representation that considers your wellbeing. Wrongful death claims handled by our Fargo law firm are never rushed, and our clients are never pressured. We want to show you that we are both lawyers and genuine friends here to offer moral support.

Call our wrongful death lawyers in Fargo at (701) 402-6644 when you are ready to start your wrongful death claim.

What is a Wrongful Death?

Under North Dakota law – Century Code Section 32-21-01, specifically – a wrongful death is any death that occurs due to a third party’s “wrongful act, neglect, or default.” Essentially, if the deceased person would have had legal grounds to file a personal injury claim for an incident, accident, or attack had they not passed away, then a wrongful death claim can be filed on the same grounds.

Who Can File a Wrongful Death Claim in North Dakota?

Not everyone who knew the deceased person can file a wrongful death claim against the negligent party that caused their early death. North Dakota law only allows certain parties to file a claim, most of them being family members.

Parties who can file a wrongful death claim in North Dakota include:

• Spouse
• Child
• Parent
• Grandparent
• Estate representative
• Guardian

The order of the above list is intentional, too, as it is listed in priority. Spouses have the first opportunity and top priority to file a wrongful death claim, and guardians of the deceased have the last and least. Although, it is important to note that damages recovered in a successful claim do not necessarily go only to the filing claimant.

North Dakota Wrongful Death Statute of Limitations

There is a strict two-year statute of limitations on wrongful death claims in North Dakota. You have two years to file your claim, starting on the day your loved one passed away, which might not be the day they were injured or in an accident. When the statute of limitations expires, any claims you try to file afterward can be tossed out by the court. While our law firm is known for letting our clients take their time and grieve, we also pay close attention to statutes of limitations, so action can be taken before they expire.

How Do You Win a Wrongful Death Lawsuit?

In order to win a wrongful death lawsuit, you and your legal team will need to prove that the responsible party:

1. Owed a "duty of care" to the victim; meaning that they were responsible to obey or uphold certain standards or laws to protect the individual
2. Failed to uphold their duty of care to the victim
3. Their negligence directly resulted in the death of the individual, or injuries leading to their death

What Damages Can You Recover in a Wrongful Death Claim?

Various damages are available to wrongful death claimants, including:

• Funeral costs
• Final cost of medical care for the deceased
• Wages the deceased would have earned in life
• Pain and suffering experienced by the deceased before passing away
• Loss of companionship suffered by the claimant

Each wrongful death claim is unique to the circumstances surrounding the deceased’s passing. The damages you can seek will also be unique. Our Fargo wrongful death lawyers can help review your damages to calculate a fair and maximized amount. It is our hope that regaining financial security after losing a loved one will also help you and your family find some closure.

To learn more about how our wrongful death attorneys in Fargo can walk you through a wrongful death claim or represent you if you wish, please dial (701) 402-6644.