Helping Families Recover After Losing A Loved One To A Wrongful Death
The worst outcome in any accident is the loss of life in a victim. When the reckless or negligent actions of another person are the cause of your loved one’s death, the liable party needs to be brought to justice. A wrongful death claim is not about making money off the loss of someone dear to you, it is about making sure no one else suffers the same way by holding the responsible person accountable for their actions.
At Reichert Law Office, we have been representing clients across North Dakota and Northern Minnesota for more than 25 years. We understand how devastating it can be to suddenly lose a spouse, child or sibling, and we want to help you gain closure for your loss.
Why You Should File A Claim
Too many people make the mistake of not filing a wrongful death claim. We understand how difficult it can seem to go through this after losing your loved one, which is why we take it upon ourselves to manage all the legal needs in your case. When the decedent was a provider for your home, their absence can create a serious financial strain on your family. We can help you relieve that strain by pursuing compensation that accurately covers losses like:
- Future lost income
- Loss or retirement contributions
- Loss of health insurance and medical benefits
- Loss of consortium
- Pain and suffering
- Medical costs
- Funeral and burial costs
There is no amount of money that can replace the life of a loved one, but filing a wrongful death claim can give you the resources you need to move forward at your own pace. As our lawyers represent your best interests in your claim, we will provide you with the respect and compassion you deserve while we answer your questions and guide you through your claim.
Who Can File A Wrongful Death Lawsuit In North Dakota And Minnesota?
In Minnesota, the law simply states that a wrongful death claim should be filed by the deceased person’s spouse or by the next of kin. In North Dakota, there is a specific order in which people can file a wrongful death claim, and each party is given 30 days to decide if they want to do so. If they do not, then the next party has the option to file. The order is as follows:
- The surviving spouse
- The deceased person’s children
- A surviving parent
- A surviving grandparent
- A legal representative for the deceased individual’s estate
- Someone who had been granted legal custody of the individual
The statute of limitations is also different between the two states. In North Dakota, it is set at just two years. In Minnesota, there is a statute of limitations of three years.
Understanding The Process Of Filing A Wrongful Death Claim
Exactly how long it takes to get through the wrongful death claim process depends on a variety of factors, including whether or not there are any disputes from other parties. In both Minnesota and North Dakota, it could take just a few months, but it could also take years.
Once the claim has been filed, the court has to set up hearings where they will review any relevant information. This could include evidence of liability or negligence leading to the wrongful death. The other party may counter and present their side of the case. Often, the court has a backlog of cases, so there could be a delay before you can get the process started. Our firm can help you know exactly what steps to take.
How Do You File A Wrongful Death Lawsuit?
To file a wrongful death claim in Minnesota, the appropriate next of kin or surviving spouse has to file a verified petition with the court. This petition will state when the person passed away and why the wrongful death claim is being made. The court will then set up a hearing.
To file a wrongful death claim in North Dakota, the process is similar to other states. However, the state’s wrongful death statute specifies that the deceased must have had a valid personal injury claim if they had survived. For instance, they may have suffered harm due to medical malpractice that caused them to pass away in the hospital.
Do Not Go Through Your Loss Alone
Whether you want to see justice for your loss or just want to have stability in the future, we can help you. Call our Grand Forks office at 701-314-2203 or email us here to schedule your free initial consultation today. We look forward to offering you a helping hand during such a delicate time in your life.