It is the empty chair at Sunday dinner. The voicemail you cannot delete. The grandchild who will never know what their grandfather’s laugh sounded like. When a family member is killed by someone else’s negligence, the loss is not measured in medical bills alone. North Dakota law recognizes that surviving family members lose something the law calls society and companionship, and juries are allowed to award damages for that loss. There is no fixed formula, but juries may consider the closeness of the relationship, the role the deceased played in the family, and credible testimony about what was lost. A North Dakota wrongful death attorney at Pringle & Herigstad, PC can help your family build a case that fully reflects what was taken from you.
What Is Loss of Companionship Under North Dakota Law?
In North Dakota, damages for wrongful death and serious personal injury are governed by North Dakota Century Code §32-03.2-04. The statute splits damages into two categories. Economic damages include lost income, burial costs and medical expenses. Noneconomic damages include pain, suffering, mental anguish, loss of society and companionship, and loss of consortium.
Loss of companionship compensates the family for the intangible benefits of the relationship (e.g., comfort, guidance, advice, affection, shared activities). Loss of consortium is a closely related concept that historically applies between spouses and includes the loss of intimacy, partnership, and household contributions. Both categories are recognized under North Dakota law and may be available depending on the specific facts, relationships, and circumstances of a particular case.
Who Can Recover Loss of Companionship Damages in North Dakota?
Wrongful death actions in North Dakota are governed by Chapter 32-21 of the North Dakota Century Code, titled “Death by Wrongful Act.” That chapter sets a strict order for who may bring the lawsuit. The right to file passes in this sequence:
- Surviving spouse
- Surviving children
- Surviving parents
- Surviving grandparents
- The personal representative of the estate
- A person who had primary physical custody of the decedent before the wrongful act
Even though only the person at the top of that list usually files the lawsuit, the recovery is distributed to the decedent’s heirs at law (i.e., the people who would inherit under North Dakota’s intestate succession rules) in shares set by the trial judge. In most cases, that means a surviving spouse and/or children. Parents may share in the recovery only if there is no surviving spouse or children. Every family situation is different, and an attorney can help you understand how distribution would work in your case.
How Do North Dakota Juries Calculate Loss of Companionship?
There is no statutory formula. Loss of companionship is one of the most subjective categories of damages in personal injury law, and that is intentional. Two families can lose the same person and experience the loss very differently. North Dakota law instructs the jury to award an amount that is proportionate to the actual harm to those entitled to recover.
- Factors that typically influence the value of a loss of companionship claim include:
- The age and life expectancy of the deceased and the surviving family members
- The nature and quality of the relationship, including time spent together and emotional closeness
- The role the deceased played in the family, such as caregiver, mentor, or financial contributor
- Specific examples of guidance, support, and shared activities lost
- Documented changes in the survivors’ daily lives, mental health, and well-being
- Comparable jury verdicts in similar North Dakota cases
Insurance defense lawyers often argue that the relationship was distant or that the survivor has “moved on.” It is essential to present detailed, credible testimony from people who knew the family well.
Can You Recover Loss of Companionship for a Serious Injury, Not Just a Death?
Yes, in some circumstances. North Dakota’s damages statute applies to civil actions for injury to a person, not just wrongful death. A spouse, for example, may be able to recover loss of consortium damages when their partner survives a catastrophic injury, such as a severe brain injury, paralysis, or amputation, that fundamentally changes the marriage.
This type of claim is derivative, meaning it belongs to the family member, not the injured person, and its viability depends on the injured person having a valid underlying claim. Whether these additional claims are available depends on the nature of the injury, the qualifying relationship, and the specific circumstances of the case.
These claims are often overlooked because the focus naturally falls on the injured person’s medical bills and lost income. A thorough evaluation of a wrongful death or serious injury case includes identifying every potential category of loss, including derivative claims by qualifying family members, and determining which can be presented to the jury.
How Long Do You Have to File a Wrongful Death Claim in North Dakota?
North Dakota generally requires wrongful death lawsuits to be filed within two years of the date of death. However, different rules and exceptions may apply to specific claim types. For example, wrongful death arising from medical malpractice follows different timing rules. As a general matter, two years is significantly shorter than the six-year window that applies to most personal injury claims.
If the claim involves a state or local government entity, an additional written notice of the claim must typically be submitted within 180 days of discovering the injury. This notice requirement is a separate, mandatory step that must be completed before a lawsuit can be filed against a government entity, and it operates under its own deadlines and rules.
In most circumstances, missing either the applicable filing deadline or a required notice deadline will bar the claim entirely, regardless of how strong the underlying facts are. The specific rules that apply depend on who is being sued and how the death or injury occurred.
Talk to a North Dakota Wrongful Death Attorney Today
Loss of companionship cannot be reduced to a spreadsheet, but it can be presented in a way that gives a jury the full picture. Pringle & Herigstad, PC has represented North Dakota families since 1909 and works on a contingency fee basis, so you owe nothing unless we recover for you. Contact Pringle & Herigstad, PC for a free, confidential consultation.