Losing someone due to another person’s actions raises legal questions that affect your rights. One of the first things you need to understand is who has the authority to file a wrongful death lawsuit in North Dakota.
Statutory priority under North Dakota law
State law grants filing rights to a specific order of individuals. A surviving spouse holds the primary right to bring the claim. If no spouse exists, that right shifts to the deceased person’s children. If the deceased had neither a spouse nor children, the parents gain authority to file. This order helps prevent confusion during an already difficult time.
When the estate takes the lead
In cases where no immediate family member files, or if the estate’s interests require representation, the personal representative can pursue the claim. Courts appoint this individual if no will exists. The representative seeks damages on behalf of the estate and distributes them according to legal rules, not personal preference.
Why others do not qualify
The law excludes individuals without direct legal or financial ties to the deceased. Siblings, cousins, or longtime friends cannot file, even if they had close relationships. The state limits claims to avoid conflicting interests and to keep legal standing clear. Only those with a recognized legal connection or formal role may participate.
What this means for your next step
Once you confirm your legal standing, you can take steps to prepare a wrongful death claim. That includes gathering documents that show your relationship to the deceased, financial records, and any evidence tied to the cause of death. Building a complete claim early strengthens your position and keeps the wrongful death process focused and efficient.