Wrongful Death Law

32-21-01. When action for death by wrongful act maintainable.

Whenever the death of a person shall be caused by a wrongful act, neglect, or default, and the act, neglect, or default is such as would have entitled the party injured, if death had not ensued, to maintain an action and recover damages in respect thereof, then and in every such case the person who, or the corporation, limited liability company, or company which, would have been liable if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured or of the tort-feasor, and although the death shall have been caused under such circumstances as amount in law to felony.

32-21-02. Measure of recovery.

In an action brought under the provisions of this chapter, the jury shall give such damages as it finds proportionate to the injury resulting from the death to the persons entitled to the recovery.

32-21-03. Who may bring action.

The action shall be brought by the following persons in the order named:

1.The surviving husband or wife, if any.

2. The surviving children, if any.

3. The surviving mother or father.

4. A surviving grandparent.

5. The personal representative.

6. A person who has had primary physical custody of the decedent before the wrongful act.

If any person entitled to bring the action refuses or neglects so to do for a period of thirty daysafter demand of the person next in order, that person may bring the action

Statute of limitations: Generally 2 years