A wrongful death occurs when a party causes the untimely death of someone because of intentional torts, negligence, or wrongful acts. Many personal injury cases can result in wrongful death claims, including car accidents, medical malpractice, defective products, slip and fall accidents, and workplace accidents. Understanding the steps to take after a loved one’s wrongful death can help you hold the at-fault parties accountable for their actions.
If you lost your loved one in an accident or other incident, our North Dakota wrongful death attorneys remind you to:
Contact a North Dakota Wrongful Death Attorney Immediately
You must prove that the other party caused your loved one’s death to win a wrongful death claim. Therefore, you must have evidence proving the following:
- The party owed your loved one a legal duty of care
- The party breached the duty of care through their actions or inactions
- The cause of your loved one’s death was the direct and proximate result of the party’s conduct
- The wrongful death resulted in damages
An attorney understands the law and what is required to prove fault and liability. It can be overwhelming for family members to deal with legal matters related to proving wrongful death. Your attorney handles these matters while you focus on the grieving process and taking care of your family.
Preserve All Evidence Related to the Wrongful Death
Evidence plays a critical role in a wrongful death case. You can help build a strong case by preserving evidence. Evidence in a wrongful death case can include, but is not limited to:
- Police reports and accident reports
- Medical records
- Death certificate
- Coroner’s report
- Photographs of the accident scene
- Video from traffic cameras and surveillance cameras
- Physical evidence from the accident scene
- Eyewitness accounts
- Opinions and testimony from expert witnesses
It is also helpful for family members to document their experience, including how losing their loved one impacts their daily life and emotional well-being. Gathering evidence can be time-consuming and expensive. An experienced personal injury lawyer has the resources and skills to handle this for your family.
Identify Potential Defendants
Parties who contributed to the death of your loved one could be defendants in a wrongful death lawsuit. For example, the driver of the car that caused a fatal car accident could be sued for wrongful death. However, the driver might not be the only responsible party.
For instance, if the driver were on the job, the driver’s employer could be liable under vicarious liability. If a defective automobile part contributed to the cause of the crash, the automaker could be partially to blame. Identifying all liable parties increases the likelihood that you can collect full compensation for damages.
Other Steps in a Wrongful Death Lawsuit
If you want to file a wrongful death lawsuit, other steps to take include, but are not limited to:
- Determining who can file a wrongful death claim in North Dakota. Only certain people have the right to file a claim.
- Calculating the value of your damages. The damages in a wrongful death case differ slightly from a personal injury case.
- File a wrongful death claim with the at-fault party’s insurance company and negotiate a settlement.
- Monitor the statute of limitations for a wrongful death lawsuit. The court can dismiss a lawsuit filed after the deadline expires.
- File a wrongful death lawsuit and pursue the parties in court.
Trying to pursue a wrongful death case without a lawyer can be overwhelming. A mistake could prevent your family from receiving a fair outcome.
Learn More from Our North Dakota Wrongful Death Attorneys
A monetary settlement cannot replace your loved one or ease the grief your family experiences. However, it can bring a measure of justice for your loved one to hold the party who caused their death legally accountable for their actions. Call Pringle & Herigstad, P.C. to schedule a consultation with an experienced North Dakota wrongful death lawyer.
We have offices in Minot and Grand Forks. Our attorneys assist clients throughout North Dakota, including Fargo, Bismarck, Williston, Rugby, Devils Lake, Jamestown, and the surrounding areas.
