Bereaved Rights

State wrongful death guide

North Dakota Wrongful Death Law Guide

North Dakota wrongful death claims must be filed within two years and may be brought by close family members or the estate, with damages covering financial and emotional losses.

Quick facts for North Dakota

  • Who can file: North Dakota allows the surviving spouse, children, parents, grandparents, or the personal representative of the estate to bring a wrongful death action, in that order of priority.
  • Deadline to file: Most North Dakota wrongful death claims must be filed within two years of the date of death.
  • Key statute: N.D. Cent. Code § 32-21-01

Types of compensation families may pursue

  • Medical and funeral expenses
  • Loss of financial support
  • Loss of companionship, comfort, and society
  • Decedent’s pre-death pain and suffering
  • Punitive damages in qualifying cases

North Dakota generally does not cap wrongful death damages, though medical malpractice cases may involve limits on noneconomic damages.

North Dakota wrongful death law: a guide for grieving families

North Dakota’s wrongful death laws are meant to support families who have lost someone because of negligence or wrongdoing. This guide helps you understand the basics without needing to interpret complex statutes during an already painful time.

Who may file the lawsuit?

North Dakota follows a strict priority list:

  1. Surviving spouse
  2. Surviving children
  3. Surviving parents
  4. Grandparents
  5. Personal representative

If someone with higher priority chooses not to file, a lower-priority relative can ask them to do so. If they refuse within 30 days, the lower-priority person may proceed.

What damages are available?

Families can recover both financial and human losses, including:

  • Medical and funeral expenses
  • Lost financial support and income
  • Loss of companionship, comfort, and society
  • The decedent’s pain and suffering
  • Punitive damages in cases of extreme misconduct

Filing deadline

Most cases must be filed:

  • Within two years of the date of death

Disclaimer

This guide is informational only and not legal advice.

Common questions about wrongful death

These answers are general information only and are not legal advice. Laws can change, and how they apply depends on your specific situation.

How long do I have to file a wrongful death lawsuit in North Dakota? +

North Dakota generally requires wrongful death lawsuits to be filed within two years of the date of death. Filing after this period almost always results in dismissal. Some claims—such as those involving medical malpractice—may have additional requirements or nuances that affect the timing. This answer is informational only and not legal advice.

What damages are available in a North Dakota wrongful death case? +

North Dakota allows families to recover medical and funeral expenses, loss of financial support, and loss of companionship and comfort. The estate may also recover the decedent’s conscious pain and suffering before death. Punitive damages may be awarded in cases involving oppression, fraud, or malice. North Dakota generally does not cap wrongful death damages, although medical malpractice cases may involve limits on noneconomic damages. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in North Dakota? +

North Dakota law establishes a clear priority for who may file a wrongful death lawsuit. First priority goes to the surviving spouse, followed by surviving children, parents, grandparents, and finally the personal representative of the estate. If someone with higher priority does not file the claim within 30 days of being requested, a lower-priority family member may proceed. This answer is informational only and not legal advice.