Wrongful death occurs when an individual suffers fatal injuries as a result of negligence or recklessness. Some common causes of wrongful deaths include car accidents, truck accidents, pedestrian accidents, dog attacks and defective products.
While money can not bring back a deceased loved one, survivors can seek damages to protect them from financial hardships. Here is what you should know:
Who has the right to file a claim?
Not just anyone has the right to file a wrongful death claim. Survivors who are eligible to file a claim as a result of a wrongful death include the deceased’s spouse, children, parents, grandparents and personal representative of the estate. It is important to be aware of who has the right to file a claim because one family member may have priority before another.
What type of damages can be recovered?
There are certain damages that survivors could recover from a wrongful death claim, including economic and non-economic damages.
The economic damages in a wrongful death case can include any actual financial losses, such as funeral and medical expenses. Survivors may seek compensation to pay for burial or cremation, a headstone and a plot in a cemetery. Medical expenses could also be recovered if a victim was treated in a hospital before their time of death. If the deceased was the main provider for a family, lost income and other forms of financial support could be recovered with a wrongful death claim.
Non-economic damage can include mental anguish as a result of the loss of a loved one. A spouse could file a claim to recover damages for the loss of companionship, for instance. Survivors may also seek damages for grief, pain and suffering as a result of the death of a loved one. Survivors who required support could also seek loss of guidance.
How soon must a wrongful death claim be filed?
In North Dakota, a wrongful death claim must be filed within the statute of limitations. The statute of limitations is a deadline victims must meet to recover damages. The deadline for a wrongful death claim is two years. Failing to make this critical deadline could prevent victims from recovering compensation.
Legal guidance can help survivors seek justice for the loss of a loved one.