If you have lost a loved one due to someone else’s negligence in North Dakota, understanding your legal rights is a critical first step toward justice. This guide covers North Dakota’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. North Dakota’s oil-rich economy and heavy industrial sector – including the Bakken oil fields, commercial trucking, and agriculture – create wrongful death circumstances that often involve large corporate defendants.
North Dakota Wrongful Death Laws
The North Dakota Wrongful Death Statute
North Dakota’s wrongful death law is governed by North Dakota Century Code § 32-21-01. The statute requires the Personal Representative of the deceased’s estate to file the claim.
Who Can File
The Personal Representative of the deceased’s estate must file.
Statute of Limitations
North Dakota imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
North Dakota allows recovery for pecuniary loss, loss of support, loss of companionship, and funeral expenses. For general wrongful death claims, there are no caps. Medical malpractice wrongful death claims are subject to a $500,000 cap on non-economic damages.
Survival Action
North Dakota maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in North Dakota
1. Maring Williams Law Office
Location: Fargo & Bismarck, ND
Phone: (701) 241-4141
Website: https://maringlaw.com
Strictly dedicated to personal injury and wrongful death. They are elite litigators for fatal Bakken oil field accidents, heavy machinery deaths, and commercial trucking crashes. Because these general negligence claims are uncapped, they pursue massive damages for the complete destruction of the family’s financial support and companionship.
2. Vogel Law Firm
Location: Fargo, Bismarck, Grand Forks, ND
Phone: (800) 555-6374
Website: https://vogellaw.com
One of the largest and most historic full-service law firms in the Dakotas. Their personal injury division possesses unmatched financial and investigative resources. Whether taking on a massive oil corporation or navigating the $500,000 medical malpractice cap by maximizing economic damages, they have the power to out-litigate defense firms.
3. Pringle & Herigstad, P.C.
Location: Minot & Grand Forks, ND
Phone: (855) 245-5100
Website: https://pringlelaw.net
Deeply rooted in the region and highly experienced in the specific types of fatal accidents common in North Dakota – oil rigs, pipeline construction, agricultural equipment. They guide the Personal Representative through both the wrongful death claim and the survival action, demanding maximum accountability from negligent employers and contractors.
Frequently Asked Questions
Are there caps on general wrongful death damages in North Dakota?
No. For wrongful death claims not involving medical malpractice, North Dakota imposes no caps on damages.
What is the medical malpractice cap in North Dakota?
North Dakota caps non-economic damages at $500,000 for medical malpractice claims. Economic damages remain uncapped.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney as soon as possible. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
North Dakota’s industrial economy and no caps on general claims provide families with meaningful legal tools. The firms listed above have the specific expertise required for North Dakota’s most common wrongful death scenarios. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.