It is never easy dealing with your family member’s untimely demise. Aside from the emotional pain, your family may also face financial burdens such as medical bills, funeral expenses, burial costs and a loss of income if the loved one was the primary provider. If a third party’s negligence caused the death, you may be eligible to file a claim to seek compensation for your financial losses.
When can you file a wrongful death lawsuit?
You can file a lawsuit if a family member died because of another person or entity’s negligence, carelessness or wrongful act. In many cases, a wrongful death claim exists if the deceased person could have filed a personal injury lawsuit had they survived.
Who has the right to file?
North Dakota law establishes a priority list of who may bring this type of legal action. Typically, the order of priority is:
- The surviving spouse
- The surviving children
- The surviving parents
- A surviving grandparent
- The personal representative of the estate
- A person who had primary physical custody of the decedent before the wrongful act (often relevant if the deceased was a minor)
If you have the primary right to pursue the claim and you refuse or do not act within 30 days after the next eligible person asks you to, the next person in line may file instead.
How are damages handled and distributed?
Any settlement or jury award is typically subject to court review. If the case goes to trial, a jury decides the amount of money to award. This award should reflect the harm you and the other affected parties suffered, including loss of financial support and loss of companionship, among others. The court also reviews attorney fees and administrative expenses before distribution.
The court decides how to divide the recovered amount among your deceased loved one’s heirs and may investigate further to ensure the division is fair.
Protecting your family’s rights after a wrongful death
No amount of compensation can ease the pain of losing a loved one. However, understanding who has the legal right to file a wrongful death claim can help your family take appropriate steps to seek accountability and financial recovery after a tragic loss.