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North Dakota Wrongful Death Laws

The North Dakota Wrongful Death Statute can be found in N.D. Cent. Code, § 32-03.2-04.  Pursuant to the Act, in any civil action for damages for wrongful death or injury to a person whether arising out of breach of contract or tort, damages may be awarded by the trier of fact as follows:

1. Compensation for economic damages, which are damages arising from medical expenses and medical care, rehabilitation services, custodial care, loss of earnings and earning capacity, loss of income or support, burial costs, cost of substitute domestic services, loss of employment, business, or employment opportunities and other monetary losses.

2. Compensation for non economic damages, which are damages arising from pain, suffering, inconvenience, physical impairment, disfigurement, mental anguish, emotional distress, fear of injury, loss or illness, loss of society and companionship, loss of consortium, injury to reputation, humiliation, and other nonpecuniary damage[i].

A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.

[i] N.D. Cent. Code, § 32-03.2-04

Inside North Dakota Wrongful Death Laws