North Dakota’s flat, open terrain and its propensity for severe weather, especially snow and rain, cause many severe motor vehicle accidents. Unfortunately, many of these accidents result in the death of one or more individuals. Assessing fault and damages for such tragic accidents can be a difficult task for any person involved, including family members, insurance adjusters, and police officers. To simplify these tasks, the North Dakota legislature passed the Death by Wrongful Act statute. This law creates the right of survivors of a person killed by a wrongful act to recover damages from the person who committed the wrongful act.
Creation of a cause of action
The statute provides that whenever a person is killed due to the actions or inactions of another person, and the act would have entitled the deceased to bring an action for damages had they survived, the survivors of the decedent shall be entitled to commence an action for damages against the person who was at fault for the death.
Who may bring an action
The statute specifies the order of person who may bring an action for wrongful death.
- The surviving husband or wife, if any
- The surviving children, if any
- The surviving mother or father
- A living grandparent
- The personal representative of the deceased person’s estate
- The person who had primary physical of the deceased before the wrongful act
If a person authorized to bring an action for damages caused by the wrongful act fails or refuses to do so for a period of thirty days, the person next in order on this list may bring the action.
Apportionment of recovery
If the person bringing the action should prevail, the court shall apportion the recovery among the persons identified in the statute in such proportion as the judge may determine. The creditors of the decedent shall have no claim against the recovery.
Wrongful death cases are not as simple as this summary may indicate. A competent and experienced attorney is usually necessary to enhance the chances of a successful outcome.