An untimely death occurs any time an accident caused by a person or entity becomes fatal. The family can file a personal injury claim on their loved one’s behalf to seek accident-related expenses. All compensation for wrongful death claims vary on a case-by-case basis. However, North Dakota’s wrongful death statute 32-13.2-04 outlines the type of damages a family is eligible to receive.
Compensation for Economic Damages in a Wrongful Death Claim
Economic damages are actual damages suffered by the victim. The arise from the injury and/or death and can be easily calculated. These bills include, but are not limited to:
1. Medical expenses
2. Medical bills
3. Rehabilitation services
4. Any custodial care
5. Loss of income or financial support
6. Funeral costs
7. Burial costs
8. Loss of earnings
Compensation for Non-Economic Damages in a Wrongful Death Claim
Non-economic damages are harder to compute because there are no bills to calculate. A personal injury lawyer Minot ND must calculate all the damages to determine the amount the family should receive based on a formula.
The non-economic damages often arise out of some type of pain and suffering. Thus, a family can receive certain damages another family would not be eligible for even both their loved ones’ death. Non-economic damages include but are not limited to:
1. Pain and suffering
2. Physical impairment prior to death
3. Loss of consortium
4. Loss of society and companionship
6. Mental anguish
7. Emotional distress
8. Loss or illness
Proving Wrongful Death Occurred to Receive Compensation in North Dakota
In North Dakota, every claim that is filed must be proved in court less both parties settle out of court. An out-of-court settlement requires a family member to give up all rights of pursuing court action in exchange for a lump sum of money or series of payments. The at-fault is not required to admit fault.
As the plaintiffs, the family must prove four things to receivecompensationin form a jury verdict. The first thing they must show is that the defendant, or at-fault party, owed a duty of care to their loved one. This means they were supposed to protect them from harm.
The next step is to show the defendant breached their legal duty. This means the defendant caused an accident that killed the loved one. The plaintiffs are also required to connect the accident with the loved one’s death. The cause of the accident can be a direct or indirect link to the loved one’s death. Lastly, the family must show how the defendant owes them economic and non-damages.
Statute of Limitations for a North Dakota Wrongful Death Claim
It is important the family member who has the responsibility of filing a wrongful death lawsuit does so as soon as possible. North Dakota requires a family to file this claim with the county civil court within a two-year period. The two years start from the day when the loved one died.
If the lawsuit is not filed by the time, the family is barred from suing the at-fault party. The lawsuit does have to be resolved within that time limit. It must be started.