Dealing with the emotional turmoil, financial burden, and legal aspects of a loved one’s death can overwhelm you. If the cause of death was someone else's negligence, however, you may seek justice and recover compensation to ease the fiscal difficulties of your loss.
Compensation for wrongful death can provide the financial support necessary for funeral expenses, loss of future earnings, medical bills, and emotional distress. Navigating the process of a wrongful death claim, however, can be complex and demanding.
That's where experienced Fargo wrongful death attorneys come in. Nicolet Law Accident & Injury Lawyers, a premier legal firm in the heart of Fargo, focuses on wrongful death cases and helps victims fight for the money they deserve.
Call us today for your free consultation.
Why Choose Us
Our law firm understands the tremendous grief families undergo when the untimely and tragic death of a loved one occurs because of negligence or deliberate harm, and we commit to seeking justice for your loved one.
At Nicolet Law Accident & Injury Lawyers, we've built a strong reputation for securing compensation for our clients in wrongful death cases. Our team has over 16 years of experience handling these sensitive cases and a thorough knowledge of North Dakota's wrongful death laws. We respect the legal rights of family members seeking justice and work relentlessly to establish negligence in wrongful death cases.
Whether you're seeking compensation for emotional pain, loss of companionship, or financial instability, our team is ready to fight for your right to fair damage recovery. Our legal services for wrongful death cases are comprehensive, including an initial consultation and case evaluation, rigorous investigation, negotiations with responsible parties, or court proceedings if necessary.
Throughout our successful journey in Fargo, we have helped numerous families gain significant compensation in wrongful death cases. We will uphold your rights and guide you through this challenging time.
Nicolet Law Accident & Injury Lawyers can support you and your family and achieve financial justice.
Injured in Fargo? Get Nicolet.
North Dakota Wrongful Death Law
The traumatic loss of a loved one can leave family members feeling disoriented and unsure of what steps to take next. It is important to understand your legal rights in such a situation.
In North Dakota, the immediate family or a personal representative of the deceased has the right to file a wrongful death lawsuit if they believe someone else's negligence, recklessness, or intentional actions caused the death.
Common Causes of Wrongful Death in Fargo
In North Dakota, the common causes of wrongful death are:
- Car accidents.
- Truck accidents.
- Motorcycle accidents
- Railroad accidents.
- Farm accidents.
- Workplace incidents.
- Dangerous premises.
More than 100 people in the state die in vehicle crashes every year, and dozens die at work. A big percentage of these incidents is due to negligence, such as drivers driving under the influence or not paying sufficient attention to the road. Employers may provide insufficient safety equipment to workers and fail to arrange their compensation insurance. Whatever the reason for negligence, you can hold the at-fault party accountable.
Who Can File a Wrongful Death Claim in Fargo?
In Fargo, the deceased's surviving spouse, children, parents, and—in certain cases—grandparents and personal representatives have the right to seek compensation for their loss. This compensation includes monetary relief for medical expenses, funeral costs, loss of financial support, and emotional trauma, among other damages.
Family members and executors of the estate can file wrongful death lawsuits in a specific order, which the North Dakota Cent. Code § 32-21-01 stipulates. The first in line is the decedent's spouse. If the deceased wasn't married at the time of death, the first in line are their children, and so forth.
If the person who is in line before you doesn't file a wrongful death lawsuit within 30 days after you request them to do so, you have the right to begin the filing process.
Statute of Limitations
In North Dakota, laws limit the amount of time victims have to file a wrongful death lawsuit. According to North Dakota Century Code § 28-01-18, you have two years to commence legal action from the time of your loved one's death. At the end of those two years, a judge is highly likely to dismiss the case immediately.
At Nicolet Law Accident & Injury Lawyers, we recommend starting legal action as soon as possible after your loved one's death. This doesn't just ensure compliance with the statute of limitations but also gives our team sufficient time to build a strong case.
With time, evidence tends to become less usable, witness memories are likely to fade, and at-fault parties may leave the state. All of this can make damage recovery much longer and more complicated.
We understand that worrying about legal action can be emotionally taxing for someone who is dealing with immense grief. That's why we take over the process and minimize your involvement in the complex case nuances.
Establishing Negligence in Wrongful Death Cases
To prove your right to compensation, your attorney needs to establish the negligence of the at-fault party. This process involves proving that the person or company had a duty of care towards the victim, breached this duty, and directly caused the victim's death, leading to damages for the surviving family members.
At Nicolet Law Accident & Injury Lawyers, our experienced wrongful death attorneys understand the complexities of North Dakota law. They will meticulously go through the evidence, identify breaches in the duty of care, and work tirelessly to establish the negligence that resulted in the wrongful death of your loved one.
Damages in a Wrongful Death Case
When a wrongful death occurs, the repercussions extend beyond the emotional toll it inflicts on family members. There are financial implications as well. In the state of North Dakota, the law acknowledges this and allows bereaved families to seek financial compensation for their losses.
A wrongful death lawsuit is essentially a personal injury lawsuit that loved ones file on the decedent's behalf. Its goal is to provide compensation for the physical, emotional, and financial damages the deceased suffered before death—if they didn't die immediately after the incident—as well as for the financial and emotional consequences that the decedent's family suffers.
The range of damages in a wrongful death case is broad. It encompasses economic damages, such as funeral and burial costs, medical expenses preceding the death, and loss of income, especially if the deceased was the primary earner. Compensation may also include non-economic damages, such as pain and suffering, emotional distress, and loss of companionship.
How Much Is My Case Worth?
Calculating damages in a wrongful death case involves evaluating both tangible and intangible losses. Tangible damages, such as loss of future earnings, medical bills, and funeral costs, are easier to quantify. Non-economic damages, however, are more challenging to quantify.
The final settlement amount of a wrongful death case depends heavily on the evidence. A legal professional meticulously investigates every detail of the incident, pooling resources to gather crucial evidence. This can include medical records, witness statements, police reports, and expert witness testimonies. The more high-quality evidence you provide, the more money you can collect from the at-fault party.
The attorneys at Nicolet Law Accident & Injury Lawyers have a deep understanding of the laws and standards that form the basis of these calculations. They work with economists, medical specialists, and life-care planners to diligently assess every loss and obtain fair compensation for bereaved families.
How Nicolet Law Accident & Injury Lawyers Handle Wrongful Death Cases
While grieving the loss of a loved one, dealing with the intricacies of a wrongful death lawsuit can be daunting. At Nicolet Law Accident & Injury Lawyers, we commit to alleviating that burden by providing you with comprehensive legal support through this difficult time.
Our services include thoroughly investigating the incident, identifying culpable parties, compiling a strong body of evidence, and presenting a compelling case either during negotiation or before the court. We also manage all communication with insurance companies, opposing counsel, and other entities, ensuring the protection of your rights throughout.
Our team offers a free initial consultation, where we listen to your story, answer your questions, and evaluate the potential of your wrongful death case. Based on this assessment, we outline a strategic approach that we tailor specifically to your unique situation.
Negotiations With the Insurance Company
Negotiations with the insurance company or at-fault party's lawyers can be highly stressful. Insurance adjusters use a variety of tricks and tactics to pressure a victim into accepting a lower offer. Without an attorney, such negotiations usually turn into a painful experience that ends with losses.
Many plaintiffs in wrongful death cases end up accepting low amounts simply because they can't handle the pressure. When you hire an attorney, they take over the entire negotiation process and come to you with the results.
At Nicolet Law Accident & Injury Lawyers, our team is familiar with negotiation tactics and aims to secure the maximum settlement. If the at-fault parties are not willing to provide a fair settlement, our experienced litigators are ready to fervently represent your interests in court.
In court, wrongful death cases can proceed in several directions. When attorneys file a lawsuit, but before a case gets in front of the judge and jury, the at-fault party's lawyers can ask to commence negotiations typically as a mediation. This usually happens when these lawyers see how strong your case is. Your wrongful death attorney takes you through the negotiation process and works hard to achieve a fair settlement.
If the at-fault party isn't willing to negotiate, the case proceeds to trial where our attorneys present a robust case to the jury and work hard to achieve a positive outcome.
What to Do After a Wrongful Death Incident
After a wrongful death incident, seek immediate legal assistance to protect your rights and maximize your chances of recovering fair compensation. You can then start collecting evidence relating to your loved one's death. This evidence will become the backbone of your claim.
A wrongful death attorney can identify the evidence you need to collect to strengthen your case. They can go to the car crash site, for example, and gather footage from traffic cameras or nearby security cameras.
Once the evidence is ready, your attorney can proceed to build a strong case on your behalf. They will inform you about the stages of the claim and important decisions you need to make.
Do I Need a Wrongful Death Lawyer?
Choosing the right legal representation can significantly influence the outcome of your wrongful death case. It's a decision that requires careful consideration.
Without the guidance of an experienced wrongful death attorney, you run the risk of missing vital elements of the case or receiving a lesser compensation than you deserve if the insurance company takes advantage of you, for example. Handling such complex legal battles on your own can expose you to the harsh and intricate realities of the law, which can be overwhelming and divert your focus from grieving and healing.
Contact an Experienced Wrongful Death Lawyer in Fargo
Losing a loved one is highly taxing emotionally, physically, and financially. At this challenging time, navigating the nuances of legal action can be impossible. At Nicolet Law Accident & Injury Lawyers, our Fargo personal injury attorneys will support you through your wrongful death claim and work hard to achieve a fair outcome.
Let us shoulder your legal burden so that you can focus on healing and remembering your loved one. Don't suffer in silence; take the first step toward justice. Contact us today at (701) 970-2185 for your free, no-obligation consultation.