North Dakota Personal Injury
If you suffer from a personal injury as a result of an accident that occurred in North Dakota, and which was caused by another party, you might be entitled to receive compensation. The compensation is intended to reimburse past and future medical expenses, past and future lost income, and damages for pain and suffering.
Types of Personal Injury Cases in North Dakota
Personal injury is a legal term that describes the mental, physical, and emotional harm to a person that is caused by another person’s negligent acts. The injuries at issue might be relatively minor, like a contusion, sprain, or strain, or they may be severe, such as paralysis, permanent disability, or disfigurement. Unfortunately, sometimes personal injuries can tragically result in death. Note that personal injury law does not afford recovery for personal or real property destruction, such as to a car or home.
Personal injuries can happen in a variety of ways. Injury triggers often fall into one of these categories:
- Car accidents
- Truck accidents
- Railroad accidents
- Motorcycle accidents
- Defective products
- Product liability
- Wrongful death
- Slip and fall injuries
- Bakken Oil Field accidents
- Farm accidents
How Is Fault Determined in North Dakota Personal Injury Cases?
To collect monetary compensation for a personal injury case occurring in North Dakota, a plaintiff must establish that the defendant was negligent. Negligence is legally shown and proved by meeting these prongs:
- Duty. The party who caused harm or injury (defendant) had a legal duty or responsibility not to cause harm or injury to the plaintiff.
- Breach. The defendant failed to meet his legal duty or responsibility to the plaintiff.
- Causation. There is a causal connection, or nexus, between the defendant’s conduct and the plaintiff’s resulting injury.
- Damages. The plaintiff suffered damages, financial harm, or other forms of loss resulting from the accident or injury that occurred.
North Dakota Has Adopted the Modified Comparative Fault Rule in Negligence Cases
Like eleven other states, North Dakota has adopted the 50 percent bar rule of modified comparative fault in negligence. Pursuant to this rule, injured plaintiffs are unable to recover damages if they are 50 percent or more at fault for the resulting injuries. However, litigants can recover for injuries if they are 49 percent or less at fault for the harm incurred. North Dakota judges and juries will most likely reduce a litigant’s recovery by the proportional degree of fault.
Whether you live in Fargo, Bismarck, Grand Forks, Minot, or elsewhere in North Dakota, a personal injury attorney can assist in evaluating, assessing, and determining the legal remedies, alternatives, and potential recovery sources for your injuries. It is prudent to note that time may be of the essence in making a personal injury claim. In most instances, initial consultations are provided free of charge to prospective clients.
Find a local North Dakota personal injury attorney today
An North Dakota personal injury lawyer can help evaluate your situation and explain your legal options. If the North Dakota personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.