Who Can File a Wrongful Death Claim in North Dakota

By the FigureMyTax Editorial Team · How we calculate

North Dakota sets a priority order of plaintiffs rather than leaving the choice to the estate.

The order of plaintiffs

N.D.C.C. 32-21-03 says the action shall be brought by the following persons in the order named, starting with the surviving husband or wife, then the surviving children, then the personal representative, and then a person who had primary physical custody of the decedent.

Parents and grandparents

Law firm summaries add that the order runs spouse, children, parents, a surviving grandparent and then the personal representative. The official text excerpt we reviewed lists the personal representative after the children, so confirm the exact order with an attorney.

How damages are measured

The jury gives damages it finds proportionate to the injury resulting from the death to the persons entitled to the recovery, so each beneficiary's share follows their loss.

Outside the decedent's debts

Summaries note that wrongful death damages are exempt from the debts of the decedent.

Companionship counts

Court summaries list loss of society and companionship and loss of consortium among the noneconomic damages.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how North Dakota's rules apply to your specific case with a licensed North Dakota attorney.