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When can someone file a wrongful death suit?

On Behalf of | Jun 24, 2024 | Wrongful Death

Filing a wrongful death suit is a legal avenue available to certain individuals when a loved one dies. However, it is applicable only due to the negligence or wrongful actions of another person or entity. 

If you face such circumstances, you must know the legal requirements for filing a suit to seek justice.

Grounds for filing a wrongful death suit

You can file a wrongful death suit with the right steps. This can include medical malpractice, car crashes, workplace accidents, criminal actions, or defective products. 

The key element is that the death must have been preventable and directly attributable to the defendant’s actions or negligence.

Who can file a wrongful death suit?

North Dakota law specifies who is eligible to file a wrongful death suit. The primary individuals who can initiate such a lawsuit include the surviving spouse, children, or parents of the deceased. 

If none of these individuals are available, a personal representative of the deceased’s estate may file the suit on behalf of the beneficiaries. 

Statute of limitations

When you bring a wrongful death lawsuit within the allotted period, the statute of limitations is the term for it. This window typically lasts two years after the deceased person’s passing. The right to file a lawsuit may be forfeited if it is not filed within this time frame. 

Types of compensation

Compensation in a wrongful death suit can cover several damages. These may include medical and funeral expenses, loss of income and benefits, and loss of companionship and support. 

In some situations, punitive damages may be granted to punish the defendant’s extremely heinous actions.

Filing a wrongful death suit in North Dakota requires a clear understanding of the legal grounds, eligibility, and time constraints involved.

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