Wrongful Death Lawsuits in North Dakota
Who can bring a wrongful death claim in North Dakota, the deadline to file, and any limits on damages.
Short answer: 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; N.D. Cent. Code §§ 32-21-03, 32-21-04
| Who can sue for wrongful death | 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. |
|---|---|
| Wrongful death deadline | 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. |
More North Dakota personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in North Dakota
- Medical Malpractice Rules in North Dakota
- Car Accident Claims in North Dakota
- Dog Bite Liability in North Dakota
- Sidewalk and Public Property Falls in North Dakota
- Motorcycle Accident Claims in North Dakota
- Pedestrian Accident Claims in North Dakota
- Bicycle Accident Claims in North Dakota
- Uber and Lyft Accident Claims in North Dakota
- Truck Accident Claims in North Dakota
- Construction Site Injuries in North Dakota
- All North Dakota personal injury & wrongful death rules
FAQ
Who can file a wrongful death lawsuit in North Dakota?
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.
How long do you have to file a wrongful death lawsuit in North Dakota?
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.
Does North Dakota cap damages in personal injury cases?
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.
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.