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Wrongful Death

Home / Personal Injury / Wrongful Death

When another party’s actions cause a loved one’s death, it’s always a traumatic experience for their surviving family members. In the aftermath of the death of a loved one, it’s understandable that you would rather spend time grieving with your family than dealing with a lawsuit.

However, there are strict deadlines for holding at-fault parties financially liable for the harm they caused to your family, and this is where a wrongful death attorney comes in. While you grieve the loss of your loved one with your family, an experienced firm will pursue legal action against the party or parties responsible.

Contact Maring Williams Law Office for a free consultation about your case with a compassionate and caring wrongful death lawyer. We’ll help you understand the steps involved in seeking compensation for your loss and will answer any questions you have about the process and your rights.

What Is a Wrongful Death?

A wrongful death occurs when a party’s actions or omissions contribute to the death of another person. When this happens, the deceased person’s surviving family members can seek compensation for the loss of their loved one.

Specifically, the compensation sought through a wrongful death lawsuit is for the surviving family member’s losses, which are the negative consequences their loved one’s death has on their life. This differs from a survival action, which is another type of legal action arising from a death, by which the deceased’s personal representative can seek compensation for the losses the deceased sustained leading up to their death.

Common Causes of Wrongful Death

 Wrongful deaths can occur in a wide variety of ways. Some of the most common types of wrongful death cases our firm handles in North Dakota, Minnesota, and Montana include:

  • Motor Vehicle Accidents – Car, truck, bus, and recreational vehicle accidents are among the leading causes of fatal injuries. The forces involved in these crashes can cause traumatic brain injuries, spinal cord injuries, and internal organ damage, all of which can lead to death.
  • Defective Products – Products may be inherently dangerous if they have design, manufacturing, or warning label defects. In severe cases, these defects can cause fatal injuries, such as electrocutions caused by products with defective wiring or insulation.
  • Workplace Accidents – Accidents on jobsites, including farms, construction sites, and oilfields, may leave victims with fatal injuries, including crushing injuries or injuries caused by falls from heights or explosions. While workers’ compensation insurance covers many fatal workplace injuries, it doesn’t cover those involving independent contractors or caused by third parties.
  • Premises Liability Accidents – Property hazards can lead to fatal accidents, including wet floors causing slips and falls, poorly lit stairwells leading to falls, and poor property maintenance being responsible for falling objects.
  • Medical Malpractice – When doctors, nurses, and other medical professionals make errors, they can lead to the deaths of their patients. Some of these errors are due to medical malpractice, which is when a medical provider fails to uphold the standard of care they are legally required to provide.
  • Homicide – Not all wrongful death cases are due to accidents. Intentional violent acts, including homicide, physical assault, or domestic violence leading to death, can result in family members seeking compensation through wrongful death lawsuits.

Who Can File a Wrongful Death Lawsuit?

The parties who can file a wrongful death lawsuit and recover compensation through such a lawsuit vary by state. For example, in North Dakota, the following parties have the right to file a lawsuit following a wrongful death:

  • The deceased’s spouse
  • The deceased’s children
  • The deceased’s parents
  • The deceased’s grandparents
  • The deceased’s personal representative
  • The deceased’s primary custodian at the time of their death

In contrast, Montana only allows the personal representative of the deceased’s estate to file the lawsuit. However, they do so on behalf of the deceased’s surviving relatives, including their spouse, children, and other dependents.

The compensation each party can receive through the lawsuit depends on the extent of their particular losses. Due to their close relationship with the deceased, spouses and minor children are typically assumed to have sustained the most losses, and often receive the highest percentage of compensation.

What Compensation is Available for Surviving Family Members?

The compensation available to surviving family members after the death of their loved one at the hands of another person depends on the specific losses the family members suffered. Common losses families seek compensation for through wrongful death lawsuits are:

  • Loss of Income – Dependent family members can seek compensation for the loss of the income their loved one provided. This compensation is typically based on a percentage of their loved one’s average weekly wage.
  • Loss of Benefits – Family members can also seek compensation for the loss of the benefits their loved one provided through their work, including health insurance and retirement account contributions.
  • Loss of Household Services – If you have to pay someone else to perform the household services once performed by your loved one, including home maintenance, lawn care, and childcare, you can seek compensation for those expenses.
  • Loss of Consortium – Spouses can seek compensation for the loss of their marital relationship with the deceased.
  • Loss of Love, Guidance, and Support – Children and other family members can see compensation for the loss of the emotional support their loved one provided to them, including their love, guidance, comfort, and training.
  • Emotional Distress – While it can be difficult to put a price on the emotional distress you experience because of your loved one’s death, a compassionate wrongful death lawyer can help you seek fair compensation.
  • Funeral and Burial Costs – Finally, you can seek compensation for your loved one’s funeral and burial costs. This compensation often goes to the estate for payment of these costs.

What Is the Time Limit for Filing a Wrongful Death Lawsuit?

The time limit for filing a wrongful death lawsuit varies both by state and by the circumstances surrounding the death. For this reason, it’s essential that you consult an experienced wrongful death lawyer so you know how much time you have to file your lawsuit.

Under North Dakota’s statute of limitations, the deadline for filing a wrongful death lawsuit is typically two years after the date of death.

In Minnesota, surviving family members have three years to file wrongful death lawsuits in most cases. But if their loved one was the victim of an intentional homicide, there is no deadline for filing a wrongful death lawsuit.

In Montana, the time limit for filing a wrongful death lawsuit is also three years in most situations. However, the time limit is extended to 10 years if the death resulted from a homicide.

It’s vital that you file your wrongful death lawsuit within the deadline provided by your state’s statute of limitations to prevent the courts from barring you from seeking the compensation you need.

Contact Maring Williams Law Office Today

Did someone else cause your loved one’s death in North Dakota, Minnesota, or Montana? Contact Maring Williams Law Office for a free consultation with an experienced and compassionate wrongful death attorney. We’ll review the incident that led to your loved one’s passing and help you understand your rights when it comes to seeking compensation for your loss.

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