Understanding North Dakota’s Laws
Although you may feel that your circumstances warrant you to receive payment immediately for the accrued medical bills and those that are soon to follow, you are going to want to understand how your sates laws could affect the outcome of your claim. Because there are some many forms an accident can take, some common types and the laws protecting you should you become injured are provided below.
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Accidents Caused by a State Worker
According to section 32-12.2-02, the state can only be held liable for monetary damages for an injury that was caused by the negligence or wrongful act of a state employee who acted within the employee’s scope of employment “under circumstances in which the employee would be personally liable to a claimant in accordance with the laws of this state, or an injury caused from some condition or use of tangible property under circumstances in which the state, if a private person, would be liable to the claimant.”
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Accidents Involving Alcohol in the State of North Dakota
If your accident was caused by an intoxicated driver, whether you were riding a bicycle, driving your car, or walking across the street, per section 39-08-06, they are expected to remain at the scene until they have met all requirements provided in this section.
If the accident caused has resulted in the death of your loved one or your unborn baby, as per section 39-08-01.2., they shall be charged with vehicular homicide. This will not only increase the chances of you attaining justice for your pain and suffering, but it punishes those for causing it.
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Injuries Brought on by a Reckless Driver
Section 39-08-03 states that should anyone operate their vehicle in a reckless manner and violate the provisions of this section are subjected to being charged with a class B misdemeanor.
An Accident Lawyer in North Dakota Can Help to Make Sense of Your Recent Account
With the numerous laws and various ways in which you can hold someone liable for the injuries you have sustained, it can be overwhelming to decide how you want to go about filing an accident claim. Here at USAttorneys.com, we provide you with a free service that helps you find and hire a local North Dakota accident attorney who is more than willing to assist with this.
You can contact us today and an agent will ask you a few questions so they can better route you with the right ND accident lawyer who can help.
North Dakota accident damages are recovered with the assistance of a qualified attorney.
Accident attorneys in North Dakota can fight for a victim’s right to compensation for injuries and property damage loss under the State laws that provide for payment when an injured party was not at fault, referred to as “damages. Personal injury attorneys are aware of an insurance company’s desire to close out claims quickly, so it is imperative to contact legal counsel shortly after an accident to avoid an insurance company’s aggressive approach with a low settlement offer. Utilizing experts in various fields, a lawyer will build a strong case by:
- sending investigators to the accident scene,
- reviewing police reports, witness testimony and medical reports,
- hiring appropriate financial experts to make valuations of loss,
- determining the preliminary cause of the accident,
- supporting victim’s rights against insurance companies, and
- drafting and filing complicated insurance and legal documents.
Because of an accident’s unplanned nature and its occurrence in every type of venue, victims can become overwhelmed with the tasks to be undertaken afterward. In many cases, individuals are left with expensive property damage replacement, physical injury and wrongful death loss that requires legal action to address costs above insurance policy coverage limits.
What damages can a victim recover from accidental injuries?
Compensatory damages are an award of money in compensation for actual economic losses, injury, and property damage, not including punitive damages. A North Dakota accident lawyer can explain valuation determinations for auto insurance claims, and other accidents requiring damage compensation, and assist in determining what types of compensatory award damages are necessary to address the economic losses, including lost wages, medical bills, medical care, and treatment, plus household expenses; and non-economic harms, including pain and suffering, loss of consortium, or companionship. The case must separate past and future economic damages as well as non-economic damage compensation award requests. Non-economic damages are capped at $500,000 and an attorney can guide victims regarding case-specific award valuations.
Punitive (exemplary) damages are compensation meant to punish the individual who caused harm, or injury and loss to the victim. They are contingent upon proving that a defendant deliberately, with reckless disregard, acted in a manner to cause harm to another person, and are awarded based on case pleadings. Punitive damages are not allowed in certain cases, but they are capped at $250,000, or two times compensatory damages, whichever is higher. An experienced lawyer can apprise victims on case-specific details.
When personal injury is caused by another’s actions in North Dakota, the statute of limitations gives an accident victim two years to file a lawsuit from the date the injury occurred, was, discovered, or should have been discovered through reasonable care. A personal injury attorney can apprise individuals of any deviations from that timeline.
Motor vehicle.
In North Dakota, the driver of any vehicle involved in an accident resulting in injury, or death of any person shall immediately stop as close as possible to the scene of the accident without obstructing traffic and remain at the scene of the accident until that driver has fulfilled the requirements of section 39-08-06. Accident reports need to be filed with the North Dakota Department of Motor Vehicles, unless the person is injured and cannot report the accident due to those injuries.
A North Dakota auto accident attorney can explain car insurance requirements and how they will affect the recovery of compensation after an accident, utilizing the modified comparative fault rule. North Dakota car accident victims can sue a negligent driver for compensation, but the victim’s liability in causing the accident affects the amount of compensation the victim receives.
Personal injury.
If a person is hurt because of the action, or inaction of another individual, they may be able to recover compensation when fault and/or liability is proven for the resultant harm. The recovery of damages is contingent upon proving that the individual, or entity was negligent, they caused the injury and owed a duty of care to the victim. If a criminal component exists, that legal action may impact the civil case outcome.
Premises liability.
When an individual is hurt on another person’s property, they may take legal action if the accident was caused by poor property conditions, including improper maintenance, upkeep, or from unforeseen interactions with occupants, or other visitors on the premises. For example, an invitee may be owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of injuries in many cases.
Medical malpractice.
North Dakota medical malpractice actions occur when a person is injured while under the care of a practicing health care professional. Legal action must be filed within the two year statute for injury, but victims should always check with a medical malpractice attorney to ascertain if there are deviations from that timeline. Punitive damages awarded against a defendant shall not exceed two times the amount of compensatory damages or two hundred fifty thousand dollars ($250,000), whichever is greater. Always check with an experienced medical malpractice attorney because there are exceptions to damage rules.
Workers’ compensation.
When a person becomes injured on the job, or contracts an illness that is job-related, they should hire the services of an experienced workers’ compensation attorney, who can assist with a claim for monetary damages. Injuries may be caused by an accident, or event that results in a physical injury, a medical condition caused by repetitious use of a body part, or conditions associated with the workplace environment itself. A lawyer can deal with the North Dakota Department of Labor Workers’ Compensation Claims Division on a client’s behalf.
Wrongful death.
In North Dakota, family members, or legal representatives must file a wrongful death legal action within two years from the date of the incident that caused an untimely death, in order to secure compensation because of the negligent, reckless, or deliberate act of another. A North Dakota wrongful death attorney can assist with damage valuations and timelines relevant to a case.
