Need an Injury Attorney for a North Dakota Wrongful Death Case?
You wish the best for your loved ones, which is why you never expect for anything bad to happen to them. In just 2016 alone, 113 people lost their lives in fatal car accidents in North Dakota. An alarming 44% of these accidents involved drunk drivers, which could have easily been prevented. When you lose a loved one in a wrongful death accident, you may wonder what you can do to compensate on behalf of your loved one and move forward with your life. The careless actions of a negligent driver took your loved one away, but this doesn’t mean that all hope should be lost, and we are here for you.
There are many circumstances that call for wrongful death claims every year in the U.S., with many families who are suffering due to the loss of their loved one. Where do you begin with these delicate cases? Who is permitted to file and what damages might you be able to receive?
The Elements of a Wrongful Death Claim
There are 4 elements in every wrongful death claim, each one dictating the unique circumstances in your case. These include:
Negligence: Negligence can be shown through the fact that your loved one has died due to the recklessness and carelessness of another party.
Breach of Duty: A duty is always owed to the plaintiff, such as obeying traffic laws in a motor vehicle accident.
Causation: You must show that the defendant’s negligence caused the death of your loved one.
Damages: Economic and non-economic damages resulted from the accident, such as hospitalization and medical costs, or funeral expenses after the death.
Who Can File a Wrongful Death Claim?
Who can file a wrongful death claim when their loved one has passed away due to the negligence of another? You may be able to bring this type of claim if you are a designated beneficiary based on the relationship between you and the deceased. This applies to both the spouse and children of the deceased but could extend as far as other immediate family members, adopted children, siblings, or domestic partners. Usually, it encompasses a specific party who will suffer financially or emotionally after the death of a loved one. Other times, a claim can be brought by the decedent’s estate to compensate for the losses that have stemmed from the accident.
What Damages You May Be Eligible For
If you qualify to make a wrongful death claim on behalf of your loved one, you may be able to receive certain types of benefits. The first damages you may qualify for are damages that were experienced by the deceased while they were still alive. What if your loved one was not immediately killed at the accident scene and missed out on time at work, as well as pain and suffering damages?
In the second category, you can compensate for losses that you have personally sustained due to the loss of your loved one. Perhaps you had to pay out of pocket for their funeral or to support their child when they were unable to work. There are many situations that could apply in these scenarios that leave devastation in the hands of a family. We understand that these cases and how they can leave a financial and emotional impact on you and your family. Call an attorney you can trust today for more information.