America’s economy is highly dependent on the men and women of the trucking industry. They work long hours transporting materials, both important and banal, across the country, ensuring the flow of products like food, gasoline, and construction materials. The flip side of all that commuting, unfortunately, is an increased frequency of accidents involving their vehicles.
The statistics are alarming; in 2014, there were 136 fatalities in car accidents across the state. North Dakota’s car crash fatality rate is actually higher than the national average. This equates to a fatality every three days, and many of those fatalities came from accidents where one of the vehicles involved was a semi-truck.
There are numerous state and federal regulations attached to the trucking industry, many of them governing the safety and responsibility of the drivers. But as with any set of rules, the truck drivers or the companies they work for can see fit to bend them, leading to accidents. This kind of negligence takes many forms, such as:
While truck drivers often cause truck accidents, they aren’t the only potential liable party. Unlike car accidents, truck accidents often include a third party, such as the trucking company. If the driver isn’t at-fault for the accident, it’s likely one (or more) of the following parties.
The trucking company is the most frequently liable third party. The trucking company could be liable in the following scenarios:
Sometimes the loading team is a separate entity from the trucking company. If an outside team loaded the truck, they could be liable for any accidents caused by improper loading. For example, an accident could occur if the load wasn’t properly tied down or if it was unbalanced.
In some cases, trucks are borrowed from a rental company. If this is the case, the rental company would be responsible for any mechanical issues and maintenance. If an accident occurs because of a maintenance issue and the truck is a rental, the rental company could be liable.
In the case that a mechanical failure causes the accident, it may be the fault of the manufacturer. For example, if a defective or recalled part causes an accident.
The average sedan weighs just over a ton. In an average tractor-trailer, the front truck itself weighs almost ten tons, not even taking into account the weight of the cargo it’s pulling. This disparity in weight is what causes the majority of truck accident injuries to be catastrophic. The many types of injuries that can result from truck accidents include:
In the aftermath of a truck accident, there are steps you can take on the scene to protect yourself and aid your claim (just like in a car accident.) Actions you take in the immediate minutes and hours after the incident itself can be critical to proving injuries as a result of the accident and help your claim argument.
As stated previously, there are many parties that are involved in transport using semi-trucks, and as such, there are many entities who can be held liable. It can be the fault of driver error, the driver’s employer, the truck manufacturer, or the shipping company or other company involved in the loading of the truck’s cargo.
You can seek compensation for damages from any of those entities, as one or more of them may be responsible for injuries or death to you and your loved ones.
Truck accidents in North Dakota are a common occurrence that often result in devastating and lasting injuries to its unfortunate victims. When it comes to the devastating injuries resulting from a truck accident in Burleigh County, you need an experienced team to advocate for you. You deserve compensation for the harm you’ve suffered, and our team is the best to help you get it. Contact our experienced truck accident lawyers at (701) 609-1510, or fill out our online contact form today.
In today’s hectic modern world, an injury can happen quickly. More often than not, small amounts of harm we endure are recovered from quickly – we’ve all nicked a finger on a knife or accidentally burned ourselves cooking. But sometimes, far more serious injury can occur in a split-second, forever changing the direction of our lives.
No matter where a severe injury occurred – be it on the road, at work, or at home – parties with liability could be held responsible for a victim’s damages. Damages include any monetary cost paid as a result of the accident, such as medical bills, wages lost from missed work, and the suffering that results from the injuries. If your injury was the result of someone else’s negligence, contact the experienced personal injury attorneys at Sand Laws as soon as possible.
When someone acts with negligence and causes you to be involved in an accident, those accidents are referred to as personal injury accidents. Personal injury can range from motor vehicle accidents to child injuries and defective medical products.
If you believe that you’ve been injured because of someone else’s negligence, please contact our team of talented attorneys here at Sand Law.
A personal injury claim can take many forms, but they all are the result of similar circumstances. Personal injury claims come in the form of legal action filed against negligent parties that directly or indirectly contributed to whatever caused the injury in question, be they a person, business, or other entity.
When filing a personal injury lawsuit, it may seem confusing. However, your attorney will be there to walk you through every step, keeping you updated along the way. As soon as your attorney takes on your case, they’ll begin an initial investigation, looking for more information about liability.
Your attorney will file a complaint that will be served on the defendant, resulting in them hiring an attorney for their side of the case. After this, both sides will go into further investigation, called “discovery.” After discovery, your attorney will make a settlement demand.
Your case will end by either getting a settlement or taking your case to trial. When hiring an attorney, make sure to choose someone who has a track record of high settlements and experience going to trial.
Injuries from personal injury accidents can range greatly in severity. No matter what injury you or your loved one may have incurred, it’s important to seek compensation. Even if your damages are low, reaching out to an attorney is the best way to recover full and fair compensation.
The following injuries are frequently linked to personal injury accidents:
Unfortunately, the list goes on and on. Each subset of personal injury can result in a large variety of injuries.
The responsibility for personal injury cases varies depending on a case-by-case basis. North Dakota is a no-fault insurance state, one of only a few in America. This means that in the event of an accident where another party is liable, the victim of the accident must first file a claim with their insurance carrier. Once your insurer has reimbursed you to their limits, then the victims can turn to legal means to seek further compensation.
In order to determine who is financially liable for your damages, you’ll need to prove the following:
Personal injury cases can list a wide variety of persons and/or entities as defendants. The most common ones are:
Depending on what type of injury was inflicted and the severity of said injury, claim amounts in personal injury cases can vary. Courts will also take into account real, definite losses as well as projected future losses from loss of employment and typical medical bill costs. The most common damages awarded to victims are medical costs, lost wages, and pain and suffering.
The most common damages in a personal injury case include medical costs, lost wages, and pain and suffering.
Many different entities are involved in the treatment and rehabilitation of injuries from accidents, all of which can add up to staggering amounts that victims likely won’t be able to meet on their own. Victims can recover the costs of emergency services, hospital bills, surgery costs, prescription medication costs, therapy, and rehabilitation devices. If the injury is severe enough, victims could potentially recover the cost of future medical care as well.
If a victim misses work for a significant length of time due to their injuries, they can sue for damages to compensate for lost time that would otherwise be spent at work. Furthermore, victims can sue for lost earning capacity in the event they must take on a new schedule or even change professions entirely due to injury.
While one of the more difficult things to seek damages for, a skilled attorney will likely help seek these damages as well. Damages such as these are awarded based on qualifying factors such as the severity of the injury, how old the victim was when they were injured versus how long the injury will impact them, as well as other personal consequences to their quality of life the injury causes.
Defendants in personal injury cases have an incentive to shift blame to the victim. Personal injury cases can lead to large payouts to the victims, which goes against the goals of most insurance companies or other attorneys who are trying to get negligent parties off the hook.
For example, in court, defense attorneys may argue that victims violated traffic laws, were under the influence of illegal substances, were trespassing, or deliberately misused a product. They may try to shift blame to another defendant or even flat-out deny their own liability. A skilled personal injury attorney is crucial to navigating these underhanded tactics and holding the negligent party accountable.
There are many people out there who believe that they can represent themselves in court. While this is true, there are many benefits to having an attorney. Your attorney will not only take care of everything on your behalf but also check in on you during the process to ensure you’re following your medical treatment plan.
Not only will your attorney have experience getting high settlements and trial wins, but they’ll also have relationships built with insurance companies, making it easier for them to receive high settlement offers.
Hire an attorney and allow us to take the weight off of your shoulders, so you can focus on relaxing and recovering from your injuries.
When it comes to injuries resulting from another party’s negligence anywhere in Burleigh County, you need an experienced team to advocate for you. You deserve compensation for the harm you’ve suffered, and our team is the best to help you get it. Contact our experienced personal injury lawyers at 701-394-4744, or fill out our online contact form today.
We have offices conveniently located across North Dakota in Watford City, Minot, Williston, and Bismarck.
Even though a car accident is over in the space of a few seconds, the aftereffects can last for weeks or months. For some accident injury victims, the effects can be lifelong. North Dakota’s rate of auto accidents is higher than the national average, with one occurring almost every thirty minutes within the boundaries of the state.
Another facet of car accidents is the time it takes to navigate the legal avenues in seeking compensation for damages inflicted on you in the accident. Lawyers representing the other party in the accident can dispute your claim, denying you the reimbursement you are entitled to. Having a North Dakota car accident lawyer in your corner is key to coming out on top in a contentious claim case. The attorneys at Sand Law can help you take action against the responsible parties and get you the compensation you deserve.
A car accident often happens suddenly with little warning. The vast majority are the result of otherwise preventable human error. This is known as negligence on the part of the driver that causes the accident, and it is key to the argument you need to make in claims court.
Car accidents take many forms, with a wide range of severity:
A lighter collision, with no or minor injuries to the parties involved and minimal damage to vehicles. Though it may seem right to let such minor incidents slide, the damage incurred can still be expensive.
The severity of the average collision is dependent on a variety of factors, including the speed both cars were moving and road conditions such as rain or snow. If the driver that hits you is driving distracted (i.e., on their phone) or intoxicated, they are liable for the damage they do.
More often than not, accidents that happen on the highway are the most devastating to passengers and vehicles. Highway speeds equate to far more force when cars collide, leading to incredibly severe injuries.
Because of the size and weight difference between a typical passenger car and a commercial truck, accidents between the two are often serious. They can cause severe injuries, such as traumatic brain injury, spinal cord injury, broken bones, and more. It can be trickier to determine fault in truck accident cases, as many parties could be liable for an accident.
Motorcyclists are extremely unprotected on North Dakota’s roadways. They have no exterior protection, no seatbelts, and are often overlooked. Because of this, accidents between cars and motorcycles can cause devastating injuries. Motorcycle accidents often cause road rash, causing potentially permanent damage to the skin.
Road rash occurs when skin scrapes against asphalt, leaving damage similar to an intense burn. Severe road rash requires a skin graft and is at great risk for infection and scarring. Motorcycle accidents most commonly occur because of improper lane changes, distracted driving, and driving under the influence.
North Dakota is well known for its oil industry jobs. And while working in the oil fields has its own dangers, the trucks that transport the oil and equipment can cause serious injuries too. Accidents on an oilfield include pad site accidents, injuries, explosions, hazardous materials accidents, slip and fall accidents, and wrongful death. These can lead to injuries such as traumatic brain injury, spinal cord injury, burns, and broken bones.
Crossing the road can be an extremely dangerous event. But most people cross roads like it’s no big deal. Motorists, too, often do not take crosswalks seriously enough. When a car hits a pedestrian, the result can be serious.
Bicyclists, like motorcyclists, are unprotected against the heavy steel of cars. When a car hits a person riding a bike, the cyclist is often left with life-long injuries.
Your employer may be liable for your injury if one or more of the following caused your accident:
Driving any type of vehicle requires one’s full attention. Therefore, anything that takes that attention away is considered to be a dangerous habit. However, dangerous habits don’t just include distractions. They also include shortcuts or bad habits that you have while driving. Dangerous habits include:
Any of these reasons is enough to hold a driver responsible for the accident due to their negligence.
If you’re involved in a car accident (whether you’re a passenger vehicle or a vulnerable road user), the injuries that result from these accidents are often serious and expensive. Car accident injuries can result in a huge change to one’s quality of life, requiring the victim to seek long-term treatment, such as surgeries, physical therapy, and medication use. Treatment options are different for different types of injuries, and some may require less treatment than others. However, even basic treatment in a hospital for a minor injury can run a person over a thousand dollars.
Common injuries associated with car accidents include:
After an accident, it’s important to take the following steps.
Have an EMT assess you on the scene of the accident to ensure you are not in any immediate danger from injuries you may have sustained.
Many people may try to argue that you shouldn’t file a report at the scene of the crime. However, this is a mistake. Filing a police report will provide your case with hard evidence from people who saw the aftermath of the accident. In some cases, your insurance company may deny your claim if a police report wasn’t filed.
Document the scene as best you can by taking plenty of pictures; a cell phone camera works perfectly for this. Take pictures of your car, the other cars involved in the accident, and any injuries you or your passengers have sustained. Collect personal information from the other parties in the accident, as well as from witnesses.
You should collect their full name and preferred method of contact, whether that’s their phone number or email. You should also ask them to stick around to speak with the investigating police officer about what they saw. A witness statement that shows the other driver was at-fault on a police report is incredibly sound evidence that can be hard to argue against in court.
These are vital for court proceedings in the future.
Even if you are cleared by EMTs at the scene, you should still be proactive and seek a full physical a few days after the accident. Sometimes damage from the accident does not become fully apparent until some time after the accident, such as the full extent of internal damage or whiplash.
You should not speak to any insurance companies until you have spoken to an attorney. Once you file a claim with your insurance company, they’ll reach out to the at-fault party’s insurance company, who will contact you. They will try to get you to give them a statement in exchange for quick cash or a small settlement. It’s important that you do not do this, as you can damage your lawsuit before it’s even begun.
Speak to a Bismarck car accident attorney for a free case evaluation. This is your chance to ask questions while also learning about your rights as a victim and your potential options.
Hiring legal representation for your lawsuit will improve your chances of receiving a higher settlement offer or a trial win. Additionally, it will also protect your legal rights and ensure that you can actually file a legal claim for financial compensation.
You can attempt to file a claim on your own to submit to the at-fault party’s insurance company. However, you will always have a hard time getting money out of them. They don’t care about paying you. And if you’re not willing to put in the effort to fight hard against them, you may never get paid. Hire an experienced attorney who knows how to get money out of insurance companies to do the dirty work for you so you can focus on relaxing and recovering.
The car accident attorneys at Sand Law can help you file an insurance claim against a negligent driver. These claims seek to recover compensation from the party that caused the accident to compensate for financial losses because of the following:
Insurance companies often seek to mitigate insurance payouts because of how high the amount can be. It is important to enlist a qualified car accident attorney to help you navigate the legal space and get the compensation you are entitled to.
Determining the dollar amount that you’ll receive from your car accident claim is not an easy task. There are many factors that influence your claim’s value, and negotiations to determine what your settlement will be can last for months. Your attorney may be able to give you a ballpark estimate of the compensation you could receive by the end of your case. However, this number may fluctuate over the course of your lawsuit if you receive more medical treatment or if your injuries worsen.
If you choose not to hire an attorney, your claim’s value won’t change—but it’s unlikely that you’ll be able to get the same amount an experienced attorney would be able to. Hiring an attorney is the best way to ensure maximum compensation, as they have years or decades of experience working with insurance companies.
Your claim’s value is based on a variety of different factors, such as:
While your attorney can give you a rough estimation of how much you can expect to receive by the end of your lawsuit, this number may change and isn’t guaranteed. Whether or not your case goes to trial also plays a large part in how much compensation you receive.
Your claim has two values, your trial value, and your settlement value. Your trial value is the total value of all of your damages, and your settlement value is often a percentage of that. That percentage is determined based on your trial value. For example, if you have an 80% chance of winning your case in trial, your settlement value would be approximately 80% of your trial value.
However, this, again, is just an estimation. Your attorney may be able to get you more than the percentage, or the insurance company may be unwilling to pay out more, leading to a trial. Every case is different, which is why it’s so important to speak with an attorney before making any decisions about your lawsuit.
For anyone who hasn’t filed a lawsuit or been involved in the legal process before, it can be overwhelming. Thankfully, your attorney will be able to walk you through the entire process, answering any questions you may have throughout.
The timeline starts when your accident occurs. It’s important to note when your accident occurs, as you only have a certain amount of time to file according to the statute of limitations. In North Dakota, you have six years from the date of the accident to file your lawsuit if you so choose.
After your accident occurs and you receive medical attention, you should then hire an attorney. Once you have chosen an attorney, the discovery process will begin. During the discovery process (often the longest portion of your case), your attorney will:
After the discovery process, negotiations will begin. Most cases settle during this time period, but it can take anywhere from a few months to a year. This process will begin with your attorney making a demand. The insurance company will return with their offer, and they will go back and forth until your attorney gets a settlement offer that you are happy with. If this doesn’t occur, the case will be taken to trial.
When it comes to injuries resulting from a car accident anywhere in Burleigh County, you need an experienced team to advocate for you. You deserve compensation for the harm you’ve suffered, and our team is the best to help you get it. Contact our experienced truck accident lawyers at 701-609-1510, or fill out our online contact form today.
Bicycles are a great transportation for short distances, for some exercise, or if you don’t have access to a car or public transportation. According to the CDC, “Bicycle trips account for only 1% of all trips in the United States. However, bicyclists face a higher risk of crash related injury and deaths than occupants in motor vehicles.”
Each year, there are roughly 500,000 bicycle related injuries and over 1,000 fatalities in the US. While bicycling is a great alternative to driving or taking public transportation, it does come with unique risks.
Children between 5 and 14 years old are at the highest risk from non-fatal bicycle accident injuries. This accounts for more than one-third of accidents that occur every year in the United States.
Most bicycle accidents occur because of an error on the part of a motor vehicle, including things like failure to yield, distracted driving, failure to see cyclists approaching an intersection, backing over cyclists, running red lights or stop signs, failure to use turn signals, aggressive driving, or driving under the influence.
The CDC states that 37% of bicycle accidents involved alcohol consumption by either the driver of the motor vehicle or the cyclist. Alcohol use is also associated with more severe injuries and higher mortality rates. These accidents often involve negligence, as the motor vehicle driver is often unaware of the accident they are about to cause.
Liability determines who was at-fault for the accident and can affect the compensation that the parties involved may receive. For example, someone who’s at-fault may receive more compensation than the party that wasn’t at-fault.
However, in some cases, the liability may fall on someone other than the two parties involved in the accident. For example, a cyclist could file a claim against an at-fault driver’s insurance company for a motor vehicle accident.
Likewise, the company responsible for maintaining roads may be at-fault if the accident occurred because of poor road conditions. In some conditions, hazardous road conditions may be due to government fault. Similarly, if the accident occurs in a commercial parking lot, the business may be at-fault for not maintaining their property.
A cyclist may be able to file against the manufacturer if the bicycle’s design led to an accident. In some cases, the negligent party may be the company that repaired the bike.
Determining liability can be tricky, especially when there are many parties in question. The amount of damages you can recover from an accident is linked to liability. If you’re completely at-fault, you may not receive any compensation and may even have to pay the opposing party.
If you share fault with the other party, compensation may be split between the both of you. However, liability gets more complicated when there are more parties involved. An experienced attorney will be able to help you figure out just how much you should expect in compensation based on your involvement in the accident.
If you’re riding a bicycle frequently, you want to make sure that you’re taking all the safety precautions necessary to ride safely. If you get into an accident and you aren’t wearing a helmet, your injuries could be much worse. Depending on your state, they may also be able to use it against you in court.
When it comes to safety, you’ll also want to make sure that you’re wearing reflective material when riding at night. If people can’t see you, they could crash into you. Overall, just make sure that you’re following the necessary safety precautions when riding your bicycle.
If the accident was the fault of the motor vehicle driver, their insurance typically covers the injuries of the cyclist. If you have personal injury protection coverage, you may also be eligible to receive damages from your own auto insurance. Medical insurance may be able to help you cover the damages of your injuries as well, but it depends on your coverage.
Bicycle accidents can result in injuries that are mild to severe. The compensation you are entitled to is related to the severity of your injuries. Because severe injuries have the potential to lead to scarring, disfigurement, or disability, you may also be entitled to receive compensation for loss of wages and loss of use.
The damages that you can recover are similar to those you would be able to recover if you were in a car accident. An attorney will be able to properly assess your injuries, medical bills, and loss wages to help you determine just how much compensation you deserve.
If you or someone you love has been injured in a bicycle accident, contact one of our experienced personal injury attorneys today. Our attorneys here at Sand Law have a wealth of experience when it comes to dealing with bicycle accidents, and they are standing by to help you with your case. For more information, contact us online or at 701-394-4744.
Offices in Fargo, Watford City, Williston, Bismarck, and Minot
Bicycles are a great transportation for short distances, for some exercise, or if you don’t have access to a car or public transportation. According to the CDC, “Bicycle trips account for only 1% of all trips in the United States. However, bicyclists face a higher risk of crash related injury and deaths than occupants in motor vehicles.”
Each year, there are roughly 500,000 bicycle related injuries and over 1,000 fatalities in the US. While bicycling is a great alternative to driving or taking public transportation, it does come with unique risks.
Children between 5 and 14 years old are at the highest risk from non-fatal bicycle accident injuries. This accounts for more than one-third of accidents that occur every year in the United States.
Most bicycle accidents occur because of an error on the part of a motor vehicle, including things like failure to yield, distracted driving, failure to see cyclists approaching an intersection, backing over cyclists, running red lights or stop signs, failure to use turn signals, aggressive driving, or driving under the influence.
The CDC states that 37% of bicycle accidents involved alcohol consumption by either the driver of the motor vehicle or the cyclist. Alcohol use is also associated with more severe injuries and higher mortality rates. These accidents often involve negligence, as the motor vehicle driver is often unaware of the accident they are about to cause.
Liability determines who was at-fault for the accident and can affect the compensation that the parties involved may receive. For example, someone who’s at-fault may receive more compensation than the party that wasn’t at-fault.
However, in some cases, the liability may fall on someone other than the two parties involved in the accident. For example, a cyclist could file a claim against an at-fault driver’s insurance company for a motor vehicle accident.
Likewise, the company responsible for maintaining roads may be at-fault if the accident occurred because of poor road conditions. In some conditions, hazardous road conditions may be due to government fault. Similarly, if the accident occurs in a commercial parking lot, the business may be at-fault for not maintaining their property.
A cyclist may be able to file against the manufacturer if the bicycle’s design led to an accident. In some cases, the negligent party may be the company that repaired the bike.
Determining liability can be tricky, especially when there are many parties in question. The amount of damages you can recover from an accident is linked to liability. If you’re completely at-fault, you may not receive any compensation and may even have to pay the opposing party.
If you share fault with the other party, compensation may be split between the both of you. However, liability gets more complicated when there are more parties involved. An experienced attorney will be able to help you figure out just how much you should expect in compensation based on your involvement in the accident.
If you’re riding a bicycle frequently, you want to make sure that you’re taking all the safety precautions necessary to ride safely. If you get into an accident and you aren’t wearing a helmet, your injuries could be much worse. Depending on your state, they may also be able to use it against you in court.
When it comes to safety, you’ll also want to make sure that you’re wearing reflective material when riding at night. If people can’t see you, they could crash into you. Overall, just make sure that you’re following the necessary safety precautions when riding your bicycle.
If the accident was the fault of the motor vehicle driver, their insurance typically covers the injuries of the cyclist. If you have personal injury protection coverage, you may also be eligible to receive damages from your own auto insurance. Medical insurance may be able to help you cover the damages of your injuries as well, but it depends on your coverage.
Bicycle accidents can result in injuries that are mild to severe. The compensation you are entitled to is related to the severity of your injuries. Because severe injuries have the potential to lead to scarring, disfigurement, or disability, you may also be entitled to receive compensation for loss of wages and loss of use.
The damages that you can recover are similar to those you would be able to recover if you were in a car accident. An attorney will be able to properly assess your injuries, medical bills, and loss wages to help you determine just how much compensation you deserve.
If you or someone you love has been injured in a bicycle accident, contact one of our experienced personal injury attorneys today. Our attorneys here at Sand Law have a wealth of experience when it comes to dealing with bicycle accidents, and they are standing by to help you with your case. For more information, contact us online or at 701-394-4744.
Offices in Fargo, Watford City, Williston, Bismarck, and Minot
One of the most serious injuries that a person can have happen to them is a Traumatic Brain Injury (or TBI for short.) These are serious, often debilitating, sometimes deadly injuries resulting from heavy trauma to the head. They are the most commonly the result of slip and fall accidents or vehicle accidents, and are not always identifiable at first. Even a minor brain injury should be taken as seriously as obvious head trauma.
TBIs can have serious effects on a person’s physical and mental abilities. At Sand Law, we take traumatic brain injuries seriously. If your injury, or the injury to a loved one, was caused by the negligence of another party, you are entitled to file a claim against them to seek damages for the injury. These can go towards covering medical costs relating to the injury, as well as other damages that can result such as lost wages.
Traumatic brain injuries can manifest themselves in a variety of ways, depending on which sections of the brain were affected by the impact. The brain is a complex organ responsible for a myriad of functions, and as such the symptoms of a brain injury can range from banal to serious. The most common symptoms include the following:
Traumatic Brain Injuries do not always result from a direct blow to the head. The human brain is not firmly seated in the skull, and has a soft consistency. Using a car accident as an example, even if you do not directly strike your head on anything in the vehicle, the forces whipping your body back and forth can cause your brain to bounce off the inside of your skull. This is known as a coup-contrecoup injury.
As fine-tuned an imaging tool as an MRI is, they can often miss microscopic lesions in the brain, or other damage to individual neurons. It is fairly common for a patient to have a negative MRI yet clearly present some of the signs of TBIs as listed above.
This is a myth that can emerge during court proceedings. Often, defense lawyers will try to minimize the extent of a brain injury and insist the claimant will quickly recover. But those afflicted with TBIs are still symptomatic after a year, with many experiencing persistent or worsening symptoms.
Both closed and open head injuries can result in concussions, and as such they are the most common type of brain trauma. They can be caused by direct head impacts or whiplash-type movements. The aftereffects of a concussion are known as post-concussion syndrome, a disorder that manifests with dizziness, headaches, sleeping difficulties, depression, and memory loss.
Concussions should never be ignored and warrant immediate medical attention, especially because of the risk of second-impact syndrome (SIS). SIS occurs if someone suffers another concussion before the symptoms of the first are resolved, and can prove fatal.
Contusions are the result of direct impacts to the head that causes severe bruising to the brain tissue itself, or causes bleeding inside the skull. Often, these injuries will require surgery to reduce swelling inside the skull, as such swelling can result in permanent brain damage or death.
Often the result of a vigorous shaking or twisting of the head, diffuse axonal injuries occur when the brain lags behind the movement of the skull, causing tears in the delicate tissue. Similar to whiplash, the rapid back and forth movement of the brain disrupts nerves, and often causes a loss of consciousness at the time of trauma.
Perhaps the most self-explanatory injury on this list, penetration injuries are anything that forces matter from the skull into the brain. Anything that causes a foreign object to penetrate the skull and brain falls under this category, and most often these injuries are fatal.
A mass of clotted blood or pronounced swelling in the area between the inside of the skull and the brain itself.
Anybody, adult or child, can be traumatized by the injuries and scarring from a dog bite. As much as we can forget it sometimes, dogs are predators, and even a familiar dog, like a friend’s pet, can bite if provoked enough. Whether you know the dog or it belongs to a stranger, victims of dog bites have the right to pursue compensation for their injuries in North Dakota. But you need to act quickly after the injury to protect both your legal rights and your health.
Insurance companies will often seek to mitigate their payments to you. They will fight to sway the court’s opinion and keep you from getting full and fair compensation. If you need help covering medical expenses related to a dog bite, the experienced attorneys at Sand Law may be able to help. We serve the city of Bismarck as well as Burleigh County, and the entire state of North Dakota.
Depending on the severity of the bite, you can be eligible for a variety of damages. While circumstances vary, here is a general list of damages that you may be able to pursue in the event of a dog bite injury:
Insurance companies will look for any way to avoid paying out for damages like these, and will likely seek to prove you were the cause of the bite by implying you provoked the dog, and thus are responsible. Sand Law’s attorneys can help make your case solid and prove that you were not at fault for your injury.
Dog owners have a responsibility to ensure that their pets are well trained and socialized to get along with humans. Some dogs, however, have timid personalities or a fear of humans other than their owners. Most dog bites happen because the dog feels threatened or otherwise uncomfortable, and it is the owner’s responsibility to keep an eye on their pet. If a dog seems like it may bite due to feeling threatened, they should move it to another room until it is safe to let it out, or otherwise remove it from the threatening situation.
Sometimes owners have to leave their pets with sitters or caretakers while away for extended periods of time. When this happens, they will often need to leave instructions for taking care of the dog relating to food and activity habits. If a sitter neglects those instructions, it can make the animal agitated and stressed, increasing the chances it may lash out and bite someone.
Dogs require a level of physical activity to stay healthy, and daily walks are an essential part of that. During such times, however, dogs need to be kept on a leash, as the often chaotic sights, sounds, and smells of the outside world may agitate them. The same goes true for dog parks, where the presence of so many other animals may cause a dog to become stressed out, leading to aggressive behavior. It falls on the owner of the dog, or the provider of the walking service if that’s the case, to be familiar with the animal in their care and keep it under control.
Any of the above people can be held responsible if a dog bites you. While sometimes dogs develop aggressive personalities by nature, in most cases, dogs raised in human homes are well socialized and friendly. However, even the most well-trained dog has a limit before it becomes uncomfortable, and if it’s early warning signs are ignored, it may lash out and bite. It’s on owners and caretakers to watch their pets for signs of them being uncomfortable, and take steps to address it before the dog lashes out.
One important thing to keep in mind about dog bite legislation in North Dakota is that the state doesn’t have any specific statute in state law about bites – only using dogs as hunting partners. Thus, the idea informally known as the one-bite rule is often the go-to legal route when it comes to proving negligence on the part of a dog owner.
To put it simply, the one bite rule gives a dog owner one “free” bite. It assumes that the first time a particular dog bites someone, the owner had no idea it would do so, and thus is not responsible for that particular bite. However, if the dog ever bites another person again, the owner can be held liable. Once an owner knows that the dog might bite someone, it is their responsibility to mind the animal and keep it out of situations where another bite might occur.
The exception to the one-bite rule is if the owner had reason to believe the dog may bite beforehand. A scenario where this would apply would be something like if the dog had a previous owner who documented aggressive behavior, and whoever took ownership of the dog after the original owner knows about that behavior but does nothing to mitigate it.
Dog bites can cause all different types of injuries, each of which can be painful, debilitating, costly, and emotionally damaging. Some common injuries from a dog attack, include:
When it comes to injuries resulting from an unprovoked dog bite anywhere in Bismarck or Burleigh county, you need an experienced team to advocate for you. You deserve compensation for the harm you’ve suffered as a result of a pet owner’s negligence, and our team is the best to help you get it. Contact our experienced dog bite lawyers at (701) 609-1510, or fill out our online contact form today.
When an individual dies as a result of another party’s negligence or intentional act, their passing falls under the legal definition of a wrongful death. Such deaths can take many forms and can overlap with other areas of the law, such as workplace accidents and car accidents. Wrongful death claims allow the estate or relatives of the deceased to file a lawsuit against the party legally responsible for the death.
To hold a defendant liable, the claimant must meet the burden of proof to establish that the party being sued is responsible for the death. Depending on the circumstances of the death, this can be a difficult thing to do without help. The experienced wrongful death attorneys at Sand Law can help you through this difficult period. Serving the Bismarck and greater Burleigh County area, our attorneys will help you make the important decisions and hold the guilty parties responsible.
One of the most frequent overlaps in law is that of vehicle accidents and wrongful deaths. Any fatality that results from a car accident is, by its nature, a wrongful death, as it was caused by the negligent actions of another person. Drivers of any kind of vehicle on the road have the responsibility to obey traffic laws and signals, and to pay attention to others on the road around them.
In cases involving vehicles, the wrongful death claim can be brought against both parties involved in the accident, as well as parties not directly involved in the accident itself but who may be attributed. Such targets include:
If a pedestrian or bicyclist is killed by a motor vehicle on a roadway, their estate is also entitled to bring a wrongful death suit against the driver of the vehicle.
Children are one of the groups most at risk for death due to negligence because they have not yet developed the ability to foresee danger. A lack of life experience due to them not yet having experienced many dangerous situations can prove fatal.
Children are at risk the most in car accidents, either due to them not being able to withstand the impact, or being in a car seat intended to protect them that has design flaws. Suffocation is another large risk, particularly if the child has a lot of toys with small parts. Across the country, the most common victims of drowning deaths are children, either from them moving to an area too deep in a pool or being caught in a river or lake current they aren’t strong enough to swim free of.
Children are often enticed by dangerous things simply because they do not have the life experience to understand their danger. Many wrongful child deaths can be prevented by following manufacturer safety precautions and taking extra care when watching over them.
Though nobody likes to think they would meet their end by a mundane occurrence, over fifteen thousand people die every year nationwide as the result of a fall. But it’s not as though Americans are intentionally throwing themselves to the ground – many of these incidents are caused by human error, with either individuals or businesses leaving hazardous conditions unaddressed.
When you’re on someone’s property, you are entitled to the expectation that you are safe. Property owners have a duty to maintain their land and buildings, and to make sure that visitors will not be injured in any way while on the premises in a lawful manner. It is important to remember that the rare death that occurs on a property while someone is there in an unlawful manner (i.e. trespassing) does not qualify as a wrongful death.
However, if someone legally on the property or in the building in question dies as the result of a fall, their relatives can file a wrongful death claim.
When it comes to wrongful death, it is often a sudden and tragic occurrence that might otherwise be prevented. But if the negligence of another caused a loss of life of one of your loved ones, you are entitled to pursue the guilty party for damages. You need an experienced team to advocate for you. You deserve compensation for the harm you’ve suffered, and our wrongful death attorneys are the best to help you get it. Contact our experienced wrongful death lawyers at 701-609-1510, or fill out our online contact form today.
The legal system of the United States operates on a principle of innocent until proven guilty. Individuals accused of committing a crime are still afforded legal protections. Criminal defense law is the process by which an attorney uses those protections in court proceedings. The prosecution opposite the defense must prove the person’s guilt of the crime beyond a reasonable doubt.
Any offense that violates public law falls under the umbrella of criminal defense. There are two different categories of criminal offenses: misdemeanors and felonies. Generally, a crime’s severity is what determines which category it falls under.
Of the two categories, felonies are the more severe. The punishment for a felony offense is usually greater than one year in prison, and a fine of $1000.00 or more. If convicted of a felony offense, there is also the chance the guilty party may lose some or all civil liberties, such as the right to own a handgun or possess a driver’s license.
Felony offenses also have various degrees. Third Degree felonies have a maximum punishment of up to five years in prison, and second degree felonies are punishable up to fifteen. First degree felonies carry prison sentences of thirty years to life.
Misdemeanors are the less severe of the two categories. Punishment for these cannot exceed one year of prison time in a county jail, or a probation of the same length, and carry a maximum fine of no more than $1000.00. Punishments for misdemeanors are less severe than felonies, though they include a variety of more physical punishments such as:
Second degree misdemeanors are punishable by up to sixty days in jail or six months of supervised probation. First degree misdemeanors are punishable by up to one year in jail or supervised probation.
The Bismarck Criminal Defense Lawyers of Sand Law PLLC have decades of experience defending the rights of those charged with criminal offenses of all types, both felonies and misdemeanors. We provide Burleigh County with extensive experience trying cases in juvenile, state, and federal court.
Sand Law attorneys have handled many cases throughout North Dakota, allowing us to benefit of experience in various types of law. If you’ve been charged with a crime, you have a right to effective defense, and our experienced attorneys can provide it.
We bring an experienced team that knows how the government handles criminal cases. With former prosecutors and board certified defense attorneys on our roster, we are very familiar with the criminal justice system. Our knowledge and years of experience works to our client’s advantage, and we can handle almost every type of criminal matter in any type of court. From routine misdemeanors to serious felonies, our team can help defend you in cases of:
One of the most stressful events in anyone’s life is being arrested. It carries uncertainty, and can take a very high toll on a person’s life by adding financial, personal, and professional pressure. It also affects those around them, including spouses, children, relatives, friends and coworkers. Our defense team in Burleigh County understand all of the repercussions that an arrest can have on your life.
The decades of combined experience on our team allows us to know what approach to take with your defense. Our Burleigh County criminal defense lawyers will work with you to understand the circumstances of your case, and organize your defense. Legal decisions are vital to the course of your life, and it’s important to make the right ones.
We represent clients in Watford City, Williston, Bismarck, Minot, and anywhere in North Dakota. Our clients include people from all walks of life, from first time offenders to career criminals, from everyday working people to celebrities, judges, professional athletes, law enforcement officials, politicians, business executives and professionals.
At Sand Law PLLC we recognize that many cases require the highest level of privacy and discretion. Some cases require a high level of skill when it comes to dealing with press and media matters. Creativity and flexibility are essential when defending a client, and every member of our team has a vast arsenal of legal experience to draw from to fight for your rights.
Our team has the resources and experience to handle pre-arrest investigations, prepare cases for trial, negotiate with prosecutors, and argue before judges. We provide aggressive representation that serves the interest of our clients.
Sand Law PLLC is located in the heart of North Dakota with offices in Watford City, Williston, Bismarck, and Minot. Our early intervention is crucial when you are involved in a criminal investigation. A proactive approach can even prevent charges from being filed after an arrest. That’s why we take every possible measure to be available 7 days a week, every day of the year. So please fill out our online form or call us today at 701-609-1510 to talk to a defense attorney in Bismarck immediately. We value your privacy and will keep any information strictly confidential.
