Injured? Get Nicolet
When a loved one dies because of someone else's carelessness, the grief that follows is often devastating. On top of that, your family will likely be forced to contend with medical bills, lost income, and an uncertain future. If someone else’s negligence caused your loved one's death, a wrongful death claim can hold them accountable and provide much-needed financial support, giving you and your family space to heal and move forward.
Nicolet Law Accident & Injury Lawyers helps families in Bismarck and across North Dakota fight for justice. Our wrongful death attorneys can investigate what happened, take on insurance companies, and fight to get grieving families fair compensation.
Call 1-855-NICOLET or message our Bismarck wrongful death law firm online to schedule a free case review with our compassionate legal team. We can listen to your story and clarify your legal rights and options for pursuing justice and compensation.
Injured in Bismarck? Get Nicolet.
Do I Need a Lawyer for a Wrongful Death Claim in North Dakota?
Wrongful death cases are complex and involve strict legal procedures, insurance company tactics, and significant financial stakes. Insurance companies have teams of lawyers—your family shouldn't face them alone. Common reasons families seek legal representation include:
- The at-fault party denies responsibility
- Multiple parties may be liable
- You're unsure which family member is eligible to file the wrongful death claim under North Dakota law
- You need to preserve evidence quickly before it disappears
- You received an insurance offer and want it reviewed
- You're facing pressure from the insurance company to settle quickly
- You're navigating medical malpractice, nursing home neglect, or other case-based complications
Insurance companies count on grieving families being overwhelmed, not understanding their legal rights, and accepting low recovery offers. Don't navigate this alone. Contact Nicolet Law at 1-855-NICOLET or message us online for a free case review. We can explain your family's rights and options.
Why Choose Nicolet Law for Your Wrongful Death Claim in Bismarck, ND?
Nicolet Law understands North Dakota's wrongful death laws and has seen how insurance companies approach and defend these cases. Our approach protects your family's recovery:
- North Dakota wrongful death statute. We hold negligent parties accountable under N.D. Cent. Code § 32-21-02, which sets the priority order for who can file and what compensation families can recover.
- Local knowledge of Bismarck courts and judges. We're familiar with Bismarck courtrooms, local rules, and judges. We know what evidence juries respond to and how to present your family's case effectively.
- Thorough death investigation. We can obtain police reports, medical records, autopsy findings, witness statements, and scene analysis. This physical evidence can prove negligence—and push back against insurance adjusters who try to claim otherwise.
- Medical evidence documentation. We can work with medical experts to understand the cause of death, whether medical negligence occurred, and how injuries or negligence directly caused the fatal outcome.
- Defense against liability denials. We can thoroughly investigate to establish the negligent party's responsibility, even when they deny it.
- No upfront costs. We advance all expenses—investigation, expert witnesses, court filing fees—and you pay nothing unless we recover compensation for your family.
- Aggressive negotiation with insurers. We demand fair compensation based on the details of your case, bringing in our knowledge of comparable insurance offers and jury verdicts in North Dakota. If insurers won't negotiate fairly, we can take your case to trial.
Schedule a free consultation with our wrongful death lawyers in Bismarck to learn how we can help your family recover.
North Dakota Wrongful Death Statistics: What the Data Reveals
Wrongful death claims in North Dakota come from many situations. According to the North Dakota Department of Transportation's 2024 Crash Summary, traffic crashes remain a significant source of fatalities across the state.
Vehicle crashes happen on highways, local roads, and parking lots—many caused by driver negligence, speeding, distraction, or impairment.
In Bismarck and Burleigh County, wrongful deaths also result from medical malpractice, nursing home neglect, and unsafe property conditions.
The bottom line: wrongful death claims happen in many ways in North Dakota, and most are preventable if someone had made the safety of others a priority.
Types of Wrongful Death Cases We Handle in Bismarck, ND
Nicolet Law handles wrongful death cases involving:
- Car and truck accidents caused by reckless or negligent drivers
- Medical malpractice, including surgical errors, misdiagnosis, or medication mistakes
- Nursing home neglect occurs when facilities fail to provide proper care
- Premises liability, such as dangerous conditions on property that cause fatal accidents
- Commercial truck accidents involving improper maintenance, driver fatigue, or safety violations
- Pedestrian accidents where drivers hit and kill pedestrians
Each type of wrongful death claim requires a thorough investigation to gather strong evidence. Our team knows how to build strong wrongful death claims.
Who Can File a Wrongful Death Lawsuit in North Dakota?
Not everyone can file a wrongful death claim. Under North Dakota law, N.D. Cent. Code § 32-21-02 sets a priority order for who has the right to sue.
First comes the surviving spouse. If there is no surviving spouse to file a claim, that duty can pass on to any surviving children. If there are no children in the picture, then the surviving parents can file. If there are no parents, surviving grandparents come next. The personal representative of the estate is next in line, and finally, the person who had primary physical custody of the deceased can file.
It is essential to understand whether your family has legal standing to bring the claim and which family member can specifically file it.
Contact us at 1-855-NICOLET or message our wrongful death lawyers in Bismarck to learn more about your legal rights and options during a free case review.
How Much Time Do You Have to File a Wrongful Death Claim in North Dakota?
You typically have two years from the date of death to file a wrongful death lawsuit. This deadline is set by North Dakota Cent. Code § 28-01-18. However, deadlines may vary depending on the circumstances of your case.
Two years sounds like a long time, but it passes quickly. Waiting too long means evidence disappears, witnesses may move or simply struggle to remember details, and the details that support your case can be lost forever.
The sooner you partner with Nicolet Law, the sooner we can help preserve police reports, medical records, witness statements, and other evidence. Waiting can hurt your case. Contact us as soon as possible after a loved one's death to protect your family's rights.
What Wrongful Death Compensation Can Your Family Recover?
Wrongful death compensation can cover economic damages, such as funeral and burial bills, unpaid medical bills the deceased left behind, lost wages your loved one would have earned, lost benefits like health insurance, and the cost of care your loved one would have provided.
Non-economic damages cover emotional losses, including the loss of companionship, loss of parental guidance or support, emotional distress, and the pain family members have endured.
In cases where someone else’s negligence is categorized as reckless or intentional, punitive damages may be available to punish them and prevent similar behavior.
How much your case is worth depends on evidence of fault, the amount of money your family lost, available insurance, and how well your attorney presents your case. We fight back against lowball insurance offers so that surviving family members can pursue justice that matches what they have been through.
Call 1-855-NICOLET or message our wrongful death attorneys in Bismarck for an honest valuation of your claim based on the circumstances of the wrongful death and comparable North Dakota insurance offers.
What Should You Do After a Wrongful Death in North Dakota
The steps your family takes immediately after a wrongful death can significantly impact your claim's strength. Here's what you should do to protect your claim:
Preserve the scene and evidence. Take photos/videos of the scene where the fatal accident/injury occurred. This may include hazards, road conditions, and vehicle damage. Request police reports and get the case/report number.
Collect medical records. Gather all medical records related to the deceased's death, including hospital bills, autopsy findings, and emergency room reports.
Get witness information. Collect names and contact information from anyone who witnessed the death or accident.
Document financial losses. Keep records of funeral costs, burial expenses, medical bills, lost wages, and any other expenses related to the death.
Don't contact insurance directly. While insurance policies may require you to notify them of a wrongful death as soon as feasible, don’t give recorded statements or answer detailed questions without consulting your lawyer first. Insurance adjusters are trained to minimize claims.
Don't admit fault. Avoid discussing fault or responsibility with anyone except a wrongful death attorney. Statements can be used against your claim.
Don't post about the death on social media. Insurance companies monitor social media. Keep details private during the legal process.
Preserve personal documents. Keep the deceased's employment records, tax returns, bank statements, and any documents showing income or benefits.
Don't accept early insurance offers. Don't accept insurance offers before understanding your claim's true value. Consult your lawyer first.
Reject unsigned documents. Don't sign any insurance offer agreements, waivers, or medical releases without attorney review.
Keep a record of emotional impact. Document how the death has affected your family emotionally—this supports non-economic damages.
Follow your lawyer's guidance. An experienced legal professional can give you more effective guidance when it comes to communication, document preservation, and claim strategy.
Contact Nicolet Law at 1-855-NICOLET if you're unsure about any step in this process.
Bismarck Wrongful Death Lawyers FAQ
What if I'm not the immediate family—can I still file?
North Dakota law establishes a priority order for which surviving family members may file, with the surviving spouse first in line. In the absence of a surviving spouse, the right passes on to the deceased’s children, then to the parents, and then to the grandparents. If none of those family members are available and able to file a claim, the personal representative of the estate may step forward. If no such representative exists, the responsibility may fall to whoever had primary physical custody of the deceased. Contact us to review your specific family situation.
What if the person who caused the death doesn't have much insurance?
We can look at all possible sources of compensation. From the deceased’s no-fault insurance to the at-fault person's personal assets, and other insurance policies, like umbrella coverage. We work hard to find every dollar available.
Do I have to go to court?
Most cases settle before trial, but we prepare every case as if we're going to court. This gives us leverage in negotiations, forcing insurance adjusters to take us seriously. If the insurance company won't offer fair compensation, we're ready to take your case to trial in Bismarck.
How much do your legal services cost?
We work on a contingency fee basis. You pay nothing up front. Our fees come from the settlement or judgment we win for you—not from your pocket. If we don't recover money, you don't pay us.
Can I file a personal injury claim and a wrongful death lawsuit at the same time?
A personal injury claim may be converted to a wrongful death claim in North Dakota when the injured person dies from complications of their injuries weeks or months after the accident. Eligible claimants would step into the victim's claim and recover both personal injury damages plus wrongful death damages.
Get Help From a Bismarck Wrongful Death Attorney Today
Your family has already endured the worst. You shouldn't have to navigate the legal system alone or fight insurance companies while grieving. Nicolet Law is here to help grieving families carry that burden.
We can handle the investigation, paperwork, insurance negotiations, and courtroom work. You focus on your family and healing. We'll fight to hold the responsible party accountable and pursue the money your family deserves.
Call 1-855-NICOLET or fill out our online form for a free case review. There's no obligation, and all consultations are confidential.