Grand Forks Personal Injury Lawyer
Reichert & Armstrong Attorneys at Law

North Dakota Personal Injury

When you've been injured by someone else's carelessness, it's important to take some initial steps toward making sure your injury claim can be settled fairly and as quickly as possible:

• Write down everything you can remember about how the injury occurred, including the names, addresses and phone numbers of potential witnesses, police officers and insurance company representatives (or company or workers' compensation representatives if it was a work-related injury)
• Talk to a North Dakota personal injury lawyer before making any statements, written or verbal, to insurance company adjusters or representatives
• Let anyone you think may be responsible for the injury know right away you're intending to file a claim against them
• Take steps to protect any evidence you may need to prove your injury, such as your totaled car, photographs of an accident or injury scene, clothing you were wearing, damaged personal belongings, and so forth

How Do I Figure Out Who Is at Fault?

In most cases, in order to collect on an injury claim in North Dakota, you must prove the person who caused the injury was "negligent" - which is a failure to use reasonable care. You must prove:

• The person who caused your injury owed you a duty
• The other person broke or breached that duty
• You suffered damages
• The other person's failure caused your injury

If you were careless and that contributed to your injury, the recovery of damages depends upon your percentage of fault under North Dakota comparative negligence law. North Dakota follows a modified comparative fault rule, meaning you may not recover if you were 50 percent or more at fault. If you were 49 percent or less at fault, you may recover, though your recovery will be reduced by your degree of fault.

If more than one person is negligent toward you, each is responsible for a proportional share of the damages.

If you've been injured using a consumer product, the product seller may be responsible strict liability law. Under North Dakota law, you need to prove:

• The product was defective, which made it unreasonably dangerous
• You used the product the way it was supposed to be used
• The defect caused your injury
• You suffered damages

What Is My Claim Worth?

Under North Dakota law, the person who injured you is responsible for:

• Past, current and future estimated medical expenses
• Time lost from work, including time spent going to medical appointments or therapy
• Any property that was damaged, such as your vehicle
• The cost of hiring someone to do household chores when you couldn't do them
• Any permanent disfigurement or disability
• Your emotional distress, including anxiety, depression and any interference with your family relationships
• A change in your future earning ability due to the injury
• Any other costs that were a direct result of your injury

In some cases you may need an expert to explain your injuries and why you're entitled to certain damages. This is very common in medical malpractice cases. A lawyer will know what type of expert witness to hire to best prove your damages.

How Long Do I Have to File a Legal Claim?

In North Dakota, you have six years to file a lawsuit against the person who injured you or two years to file a lawsuit in a wrongful death action. If your lawyer isn't able to come to an agreement with any involved insurance companies, you'll want to file a lawsuit before the statute of limitations runs out.

Questions for Your Attorney

• Can I still file a lawsuit if I accepted a settlement offer from the other person's insurance company before I contacted you?
• The insurance company seems to be taking me and my injuries seriously. Why do I need to hire a lawyer?
• Is the other person's insurance company entitled to look at my medical records without my permission? Should I let it have access to my records?

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