North Dakota Complaint for Negligence and Wrongful Death

State:
Multi-State
Control #:
US-PI-0185
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint alleging that the faulty installation of steps caused the injury and ultimate death of the plaintiff.
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  • Preview Complaint for Negligence and Wrongful Death
  • Preview Complaint for Negligence and Wrongful Death
  • Preview Complaint for Negligence and Wrongful Death

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FAQ

There are many defenses you can use in a wrongful death suit such as: The statute of limitations has run and the claim is time barred. You did not have a duty of care towards the deceased. You acted in self-defense. You were not negligent in your actions and did everything a reasonable person would have done.

You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?

Types of wrongful death accidents include: Motor vehicle accidents: A driver may have been intoxicated, texting, speeding, or engaging in other reckless behavior that caused a fatal car accident.

This includes pain and suffering, loss of consortium, loss of enjoyment, and an overall reduced quality of life. Both economic and noneconomic damages for a wrongful death are uncapped in North Dakota, except in the case of medical malpractice, in which case there is a limit of $500,000 on noneconomic damages.

Wrongful death settlements consider the deceased person's loved ones and their needs due to the unexpected loss of companionship and support. While settlements may range anywhere from $500,000 to several million dollars, these amounts are just examples.

If you have a loved one who passed away as a result of an injury or accident that involved the misconduct or negligence of a company or individual, you may be able to file a wrongful death lawsuit against those who were responsible for your loved one's death.

Limitation of actions. Every action for wrongful death shall be commenced within three years after the death of such deceased person.

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North Dakota Complaint for Negligence and Wrongful Death