Losing a loved one due to someone else’s negligence is devastating. Families often face both emotional and financial burdens. The legal system provides two primary ways to seek justice: wrongful death claims and survival actions. While both address harm caused by a person’s death, they serve different purposes and involve separate legal considerations.
Purpose of wrongful death claims
A wrongful death claim in North Dakota compensates surviving family members for losses resulting from a loved one’s death due to another party’s negligence. Under North Dakota law, spouses, children, parents, or personal representatives may file a wrongful death lawsuit. These claims seek compensation for financial hardships, including medical expenses, funeral costs, lost income, and loss of companionship. Unlike other claims, wrongful death damages directly benefit the surviving family members rather than the deceased’s estate.
Purpose of survival actions
A survival action in North Dakota allows the deceased’s estate to recover damages the person could have pursued if they had lived. This includes medical bills, lost wages, and pain and suffering experienced before death. The estate’s personal representative files the claim, and any awarded compensation becomes part of the deceased’s estate. The distribution of these funds follows North Dakota’s probate and inheritance laws, ensuring the assets are allocated according to the deceased’s will or state statutes.
Key differences in damages awarded
Wrongful death claims focus on losses suffered by surviving family members, such as loss of companionship and financial support. In contrast, survival actions cover the damages the deceased experienced before passing, including conscious pain and suffering. Because of this distinction, the two cases often result in different types of financial recovery.
Who can file each type of claim?
Only certain family members can file a wrongful death lawsuit, while a survival action is typically filed by the personal representative of the deceased’s estate. This means that while a wrongful death claim directly benefits the family, a survival action distributes damages through the estate’s legal process.
Families may pursue both types of claims to seek full compensation for their loss. Understanding the legal differences ensures the right claims are filed and helps maximize financial recovery for those affected by a tragic loss.