A fatal accident can be devastating for the remaining family members. The sudden loss of a loved one often results in layers of disbelief, anger, trauma, and injustice. The unexpected death of a family member can also cause financial hardship for the family.

Pursuing a fatal accident claim in Bismarck can be emotionally draining and overwhelming for the family. At Pringle & Herigstad, P.C., we assist families filing wrongful death claims after fatal accidents in pursuing justice for themselves and their loved ones. Since 1909, we have fought to obtain fair wrongful death compensation for North Dakota families.

Contact Pringle & Herigstad, P.C. to request a free, confidential consultation with our Bismarck wrongful death lawyers. A legal action does not undo the tragedy your family has suffered, but it can provide financial relief and some measure of justice for your loved one.

Bismarck Wrongful Death Lawyers Serving North Dakota

Our wrongful death attorneys in Bismarck recognize that you and your family are grieving a loss. We treat our clients with dignity and respect by providing support, guidance, and legal representation as they seek to hold the responsible party accountable for the death of their loved one. Individuals and families have trusted Pringle & Herigstad in Bismarck for over 100 years.

We handle the complex legal process of filing a civil lawsuit for your family’s loss, including:

  • Investigating the circumstances surrounding your loved one’s death to determine who was at fault.
  • Determining your legal rights under North Dakota wrongful death laws and other legal causes of action.
  • Hiring the best expert witnesses to assist with the case, as necessary.
  • Identify all parties with potential liability for your loved one’s death and the damages you sustained.
  • Documenting damages and calculating the value of those damages for your claim.
  • File insurance claims and handle all communication with the insurance company, including negotiating a settlement.
  • Filing a wrongful death lawsuit and taking the case to trial if necessary.

If you’ve lost a family member and have questions about legal claims, call Pringle & Herigstad, P.C. for a free consultation with a Bismarck wrongful death attorney. We are here to provide you with trusted and compassionate legal counsel when you need it.

Common Causes of Wrongful Death in Bismarck, ND

Unintentional injuries continue to be one of the leading causes of death in the United States. Examples of accidents and situations that could lead to a wrongful death include:

  • Car accidents
  • Workplace accidents
  • Acts of violence/crime
  • Slip and fall accidents
  • Trucking accidents
  • Dangerous drugs
  • Oilfield accidents
  • Aviation accidents
  • Medical malpractice
  • Defective products
  • Farm accidents
  • Pedestrian and bicycle accidents
  • Motorcycle accidents

The time to file a wrongful death lawsuit in North Dakota is limited by the state’s statute of limitations. Generally, families only have two years to file a wrongful death lawsuit. Prompt legal action is necessary to protect your rights. Contact our team for more information.

Understanding Wrongful Death Claims in North Dakota

Wrongful death is defined in North Dakota Century Code Chapter 32-21 as the death of a person caused by neglect, default, or wrongful act that would have entitled the deceased to bring an action for damages had death not occurred. Wrongful deaths may be caused by negligence or intentional torts. In other words, you can sue someone for wrongful death even though they never intended to harm or kill your loved one.

Only certain family members can file a wrongful death action in North Dakota. The law lists the following individuals who may bring a wrongful death action:

  • The surviving spouse, if any
  • The surviving children, if any
  • A surviving parent
  • A surviving grandparent
  • The personal representative of the deceased’s estate
  • A person who had primary physical custody of the deceased before their wrongful death

Priority is given to the surviving spouse and children to file a wrongful death lawsuit. However, the law provides that if parties with priority refuse or neglect to file a lawsuit for 30 days after demand of the next party in line, that party may bring the action.

Proving Liability for a Wrongful Death in Bismarck, ND

The person filing a wrongful death lawsuit has the burden of proving the legal elements to establish liability. Generally, you must prove:

  • Duty – A party you are suing had a legal duty to exercise reasonable care toward the deceased. For instance, a doctor owes their patients a standard of care, and drivers have a duty to obey traffic laws.
  • Breach of Duty – A party failed to meet the required standard of care for a situation or breached their duty through their omissions or actions.
  • Causation – The breach of duty was the direct and proximate cause of death. For instance, a driver failed to yield the right of way, causing a crash that resulted in the person’s fatal injuries.
  • Damages – The death must have resulted in measurable losses for the surviving family members.

When a wrongful death action goes to trial, the jurors are the “triers of fact” in the case. The jury members are responsible for weighing the evidence presented to determine if the plaintiff proved the legal elements to hold the defendant liable for wrongful death damages.

What Compensation Can You Recover in a North Dakota Wrongful Death Lawsuit?

The court cannot undo the death of your loved one. It can hold the at-fault party liable for damages caused by the premature death. Families may receive economic and non-economic damages in a wrongful death case, including:

  • The cost of medical care before the deceased’s death
  • Necessary and reasonable funeral and/or burial costs
  • Loss of earnings, income, and support
  • Conscious pain and suffering
  • Loss of consortium
  • The value of childcare, household, and other services provided by the deceased
  • Mental and emotional anguish
  • Loss of business, employment, and opportunity
  • Loss of companionship, guidance, love, counsel, and society

In some cases, juries may award punitive damages. These damages are rare, but they may be awarded to punish a defendant for egregious negligence or willful/wanton misconduct. We diligently pursue all available damages to maximize the family’s recovery.

Talk to a Bismarck Wrongful Death Lawyer Today

A sudden death can leave someone feeling alone and as if they have nowhere to turn for help. At Pringle & Herigstad, P.C., we are here to provide legal support as you move forward with a wrongful death action. Call our office today to schedule a complimentary consultation with one of our Bismarck wrongful death attorneys.