Hiring a Wrongful Death Lawyer in North Dakota
Who can bring a wrongful death claim in North Dakota, the deadline, limits on damages, how lawyers usually charge (contingency fees), how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in North Dakota: fee rules
| Rules on contingency fees | Under North Dakota Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal, litigation and other expenses deducted from the recovery, and whether expenses are deducted before or after the fee is calculated; it must identify expenses the client owes whether or not the client prevails. At the end, the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined, including an itemization of expenses. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of alimony, support or property settlement, and contingent fees for defending a criminal case. |
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North Dakota rules to know first
| Who can sue | The action is brought by the following, in this order: (1) the surviving spouse; (2) the surviving children; (3) the surviving mother or father; (4) a surviving grandparent; (5) the personal representative; (6) a person who had primary physical custody of the person before the wrongful act. If someone higher on the list refuses or neglects to sue for 30 days after a demand from the next person in line, that next person may sue. The recovery goes to the person's heirs in shares set by the judge and is not subject to the person's debts. |
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| Deadline to file | Two years, counted from the date of death. If the death resulted from malpractice, the claim accrues when the malpractice is discovered, but not more than six years after the act or omission unless fraud prevented discovery. Source: N.D. Cent. Code § 28-01-18(4) |
| Damage caps | The general damages chapter for injury and wrongful death cases requires separate findings for economic and noneconomic damages but sets no general cap on them. Separate caps apply in medical malpractice cases, to punitive damages, and to claims against the state and local governments. |
Find and check a lawyer
| Lawyer referral service | The State Bar Association of North Dakota's Lawyer Referral Service matches paying clients with lawyers. A referral includes a lawyer's name, phone number and up to a 30-minute consultation with a lawyer in the area of law and town or county you choose. The charge for a referral is $30. Phone: (866) 450-9579. |
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| Check that the lawyer is licensed | The North Dakota Court System (Supreme Court) publishes a lawyer search on its website that can be browsed by last initial, license status, city or state, plus a seniority list of currently licensed lawyers by bar admission date. The Disciplinary Board page links to it. |
| Check discipline history or file a complaint | The North Dakota Disciplinary Board, through the Office of Disciplinary Counsel, handles complaints about unethical conduct by lawyers licensed in North Dakota. Send a written, signed and dated complaint describing the conduct, with witness names and copies of relevant documents, to the Office of Disciplinary Counsel, 125 Slate Dr., Ste. 2, P.O. Box 2297, Bismarck, ND 58502-2297 (701-328-3925); you do not need a lawyer. Complaints without indications of misconduct are dismissed; others are investigated and referred to a district inquiry committee, which can dismiss, admonish, agree to probation or start formal proceedings that may go to a hearing panel and the Supreme Court. The process may take several months, and you get written notice of the outcome. A complaint does not change the outcome of a case and is not a claim for damages. |
Free legal help
| Free legal aid | Legal Services of North Dakota is a nonprofit that provides free legal assistance to North Dakota residents in a variety of matters based on income, and can check eligibility for the low-cost Volunteer Lawyers program. Call (800) 634-5263 if under age 60 or (866) 621-9886 if 60 or older (9 am-3 pm Central), or apply online. Dakota Plains Legal Services also provides free legal help to low-income people, older Americans and veterans in North and South Dakota, including tribal court matters. LSC lists Legal Services of North Dakota as its North Dakota grantee. LSND: https://lsnd.org/; LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in North Dakota
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.