Personal Injury Law in North Dakota

Were you hurt due to another’s negligence in North Dakota? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in North Dakota can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in North Dakota relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in  North Dakota

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in North Dakota 

According to the North Dakota State Health Assessment, a significant proportion of disabilities are caused by injuries which result from traffic crashes, falls, and burns.  The assessment also found that in North Dakota, one in five falls causes a serious injury such as a broken bone or a head injury. However, leading causes of death in the state are not injury related, but instead are heart diseases, and cancers.

Steps in a Personal Injury Lawsuit in North Dakota

Once you determine that you wish to proceed forward with a personal injury action in North Dakota

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

First, a summons and complaint is served, and the defendant typically has 21 days to respond with an answer or motion to dismiss. In North Dakota this will either lead to a dismissal, a settlement, or the lengthy discovery process. After all the evidence is gathered, you will then either agree on a settlement or go to trial.

North Dakota Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

So many variables like medical costs, severity of the injury, and pain and suffering alter your settlement. After filing your suit with North Dakota Courts and gathering a list of your damages, you may decide settling outside of court is best. This helps avoid long drawn out battles and court fees which cost you even more money. On average, most people, with the help of their attorney, opt to settle for between $3,000 and $75,000 to get the money they need to recover. As opposed to battling it out for months in court.

If the other party has insurance, the insurance company likely wants to settle out of court. In order to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in ND, that means you risk not receiving any compensation at all.

Damage Awards in North Dakota

If your North Dakota personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

North Dakota has only enacted caps on punitive damages in personal injury suits. Punitive damages are either capped at two times the compensatory damages or $250,000, whichever is greater.

Statute of Limitations in North Dakota Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

According to the North Dakota statute of limitations, you have up to six years from the date of the incident to file a personal injury suit.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced North Dakota Lawyer

Pursue a personal injury claim in North Dakota against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across North Dakota state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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