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North Dakota law

Wrongful Death Laws in North Dakota.

North Dakota's wrongful death statute (N.D. Cent. Code Chapter 32-21) permits recovery by the personal representative on behalf of beneficiaries (spouse, children, parents). Damages include pecuniary losses, medical and funeral expenses, loss of companionship, and pre-death pain and suffering. The 2-year statute of limitations runs from the date of death. North Dakota's modified comparative fault applies.

Last verified: 2026-04-17

State law

Statute of Limitations

2 years from date of deathN.D. Cent. Code § 28-01-18

Wrongful death actions must be filed within 2 years of the date of death.

State law

Key North Dakota Statutes

Wrongful Death ActN.D. Cent. Code Chapter 32-21

Action brought by the personal representative for the benefit of the surviving spouse, children, parents, or statutory beneficiaries. Damages include pecuniary losses, loss of companionship and society, and pre-death pain and suffering.

Survival StatuteN.D. Cent. Code Chapter 32-03

Causes of action survive the death of the plaintiff. Permits recovery of pre-death pain and suffering and economic losses.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in North Dakota.

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