Losing someone you love in a construction accident is heartbreaking. On top of the grief, figuring out what to do next can feel like too much. In North Dakota, if negligence played a role in the accident, you may be able to bring a wrongful death claim. This guide walks you through the steps for pursuing that claim, including who may be held responsible, how much time you have to act, and how working with a local construction attorney in Grand Forks or Minot, like the team at Pringle & Herigstad, PC, can help you seek accountability and financial support during an incredibly difficult time.
What Legal Options Do Families Have After a Fatal Construction Accident?
In North Dakota, families of construction workers killed on the job often assume workers’ compensation is their only option. While workers’ comp provides certain benefits, it may not fully address the financial and emotional losses caused by a fatal accident. In some cases, families may also be eligible to file a wrongful death lawsuit.
A wrongful death claim may be appropriate when a third party, such as a subcontractor, equipment manufacturer, or property owner, was negligent and contributed to the accident. These claims fall outside the workers’ compensation system and can provide additional compensation for pain and suffering, loss of companionship, and, in cases of gross negligence, punitive damages.
Identifying all potentially liable parties early is essential. Construction sites often involve multiple contractors and entities, and determining legal responsibility requires a thorough investigation.
What Is the Deadline for Filing a Wrongful Death Lawsuit in North Dakota?
North Dakota law imposes a two-year statute of limitations for filing a wrongful death lawsuit, starting from the date of death. If you miss this deadline, your claim may be permanently barred, regardless of how strong your case is.
Prompt legal action also helps preserve critical evidence. Construction sites change quickly, and important documentation, such as OSHA reports, surveillance footage, and witness statements, can be lost or altered over time.
To initiate a lawsuit, your attorney will need key documents, including the death certificate, medical records, and any official accident investigations. Legal counsel ensures that all procedural requirements are met and that your claim is filed correctly and on time.
What Evidence Is Needed to Support a Fatal Construction Accident Lawsuit?
A successful wrongful death lawsuit after a construction accident depends on strong, well-documented evidence. OSHA investigations are often a crucial starting point, especially if safety violations were involved. These reports can help establish whether an employer or third party failed to follow required safety protocols.
Other important evidence may include:
- Photos or videos from the accident scene
- Eyewitness accounts from coworkers or bystanders
- Maintenance and inspection records for equipment involved in the incident
Expert testimony is also vital. Construction safety experts can explain how the accident occurred and whether industry standards were violated. Medical professionals may testify about the cause of death and the extent of suffering. Your attorney will coordinate these resources to build a compelling case for liability and damages.
Why Choose a Local Attorney in Grand Forks or Minot?
Hiring a North Dakota-based law firm offers significant advantages. Attorneys in Grand Forks and Minot are familiar with local court systems, judges, and procedural rules that can influence your case. They also stay current on state-specific legislative updates that affect how construction accident lawsuits are handled.
At Pringle & Herigstad, PC, our team has a century of experience representing families in fatal construction accident cases throughout North Dakota. We understand the complex intersection of workers’ compensation, third-party liability, and wrongful death law. Most importantly, we provide compassionate, personalized support to help families through one of the most difficult times in their lives.
Should You Settle or Go to Trial?
Many wrongful death lawsuits stemming from construction accidents in North Dakota are resolved through settlement. If liability is clear and the evidence is strong, insurance companies may prefer to negotiate rather than risk a trial.
However, in some cases, particularly those involving gross negligence or disputed facts, may proceed to court. In these situations, punitive damages may be available, which can significantly increase the value of your claim.
An experienced attorney will help you evaluate whether a settlement or trial is in your best interest. They will guide you through each step, from initial negotiations to courtroom representation if necessary.
Contact a North Dakota Construction Accident Attorney Today
If you’ve lost a loved one in a construction site accident, don’t wait to explore your legal options. Contact us today for a consultation and compassionate legal guidance tailored to your case.