Minot, or anywhere in North Dakota for that matter, offers beautiful views, clean and crisp air, and a wholesome place to start a career and raise a family. But what happens when someone in your family suffers a serious injury? The results can be stressful and devastating. It’s even worse when that injury was caused by someone else’s negligence. Would you know where to turn?
After you or a loved one suffers a personal injury due to the negligence of a driver, store owner, property manager, or anyone else, the best course of action is to hire legal representation. Making your family whole again is what matters most; having your own personal attorneys to even the playing field can help make that happen.
North Dakota can have some sketchy weather, like intense ice and snow, both of which have been known to cause motor vehicle accidents and semi truck accidents. Our beautiful state is also rich in oil, causing many hard-working North Dakotans to be at risk of injury while working on the oil rigs. And, like anywhere also, we all are at risk of injury from a slip and fall, work-related accidents, distracted driving, dog bites, and wrongful deaths from a serious accident of any type.
When you or a loved one suffers a serious injury due to negligence, trust the experienced North Dakota personal injury attorneys at Sand Law to handle the stress while you focus on getting better!
Insurance companies, despite their extensive advertising to claim otherwise, are not on the side of their policyholders. They are massive companies in a dominant industry that focuses on keeping profits high and costs low. In fact, the insurance industry takes in trillions–that’s trillions with a “T”–in premiums each year.
Paying out on an injury claim is a cost. Denying or diminishing an injury claim keeps profits high.
This practice often means stressful phone calls, deceptive practices (like convincing their clients they can handle their claims themselves), and unpaid damages.
And if your own insurance company is not exactly willing to pay for your legitimate medical bills and lost wages, then the other driver’s insurance company definitely is going to put up a fight to deny, delay, and diminish your personal injury claim.
This is why hiring an experienced personal injury firm to work on your behalf is your best course of action. The insurance companies have a team of lawyers working around the clock for them, and you should too; especially when you and your family’s future are on the line.
Some common damages–which is the term the insurance industry uses to refer to monetary, physical, and psychological losses–in a personal injury case include:
Damages can also include other “hard to put a dollar amount on” losses, like the loss of a spouse, the loss of being able to pick up your grandchild again, or the loss of being able to use your arm ever again. How much would someone have to pay you to never be able to use your right arm again?
In the legal industry, “damages” are the amount of money you are awarded if your attorney is able to successfully negotiate a settlement for you or if your lawsuit is successful in court. The two most common types of damages are special damages and general damages.
Personal injury is a category in the legal sector that encompasses any accident that occurs because of someone else’s negligence.
Car accident personal injury cases are one of the most common since motor vehicles are so dangerous, and of course, because most people drive so often that it greatly improves the chance of a collision and, thus, injury.
Motorcycle accidents are actually quite common as well, much like car accidents. However, motorcycle accidents often have much more serious injuries since motorcycle riders do not have nearly the protection from injury that a car driver has.
Semi-truck accidents are not as common as car accidents or motorcycle accidents, but they do present some very serious consequences. Because of the massive size and weight difference between a car and a commercial truck or 18-wheeler, injuries to the car driver in a truck accident are often very serious, if not deadly.
Oil field accidents are not very common in most places in America, but because of North Dakota’s vast deposits of oil under our beautiful state due to the Bakken Formation, North Dakotans have a much higher chance of being injured while working on an oil rig. And roughnecks, or oil rig workers, are often working in very dangerous and deadly conditions.
Work-related accidents and injuries are common all over the United States and around the world. People often spend a good part of their waking hours at work, which, combined with a dangerous or hazardous job, makes work injuries quite common.
North Dakota does not have a specific law referencing dog bites in regard to personal injury cases, so instead, attorneys rely on the US Supreme Court case Sendelbach v. Grad to prove negligence when a dog bite or animal attack causes another person’s injuries. According to a study by the CDC, there are approximately 4.7 million dog bites in the U.S. each year, of which about 800,000 of those bites require medical care.
Slip and fall accidents are another common type of injury that are quite capable of causing a catastrophic injury or multiple injuries. Victims of slips and falls can suffer TBIs, neck and back injuries, and a whole series of other types of injuries.
Medical malpractice, like a misdiagnosis or surgical error, is not all that common in the grand scheme of things. But when they do occur, they can be devastating to both the patient and their families alike. Medical malpractice cases are complicated and should always rely on the experience of a personal injury attorney to help get the best possible outcome for the med-mal victim.
Injured persons are not the only type of case that law firms like Sand Law handle. Unfortunately, we often also need to help families who have suffered a wrongful death of a loved one. Wrongful death claims can be complicated and, of course, very stressful. We aim to approach these situations with understanding.
Note that the statute of limitations in North Dakota can be quite short on injuries and wrongful death claims, so do not hesitate to contact a team of personal injury lawyers you can trust.
All types of injuries can result from negligence, ranging from minor to severe. Some injuries are more common with specific types of accidents than others, such as crush and burn injuries.
Traumatic brain injury (TBI) can occur because of many different types of accidents but are most common among slip and falls and motor vehicle accidents. A traumatic brain injury occurs because of an impact on the head. A TBI is likely to occur in a slip and fall accident if the victim strikes their head off of a hard material, such as a countertop, concrete, or asphalt.
Helmets may reduce brain injuries in motorcycle or bicycle accidents. But they are still possible.
Common types of brain injury include:
Neck and back injuries are incredibly common in motor vehicle accidents, especially in accidents where the victim is struck from the back. The most common injury associated with car accidents is whiplash, which occurs when the head moves back and forth rapidly.
Spinal cord injury may also occur because of negligence. Spinal cord injuries are commonly associated with workplace injuries (especially oilfield injuries), falls, and motor vehicle accidents.
Injury to the spinal cord can cause severe, life-changing complications, such as paralysis and permanent disability, depending on the scale of the injury.
In most cases, broken bones aren’t cause for much concern. However, severe accidents can cause bones to break in multiple locations. These intense bone breaks require surgery to repair so they can heal properly.
This type of fracture is prevalent in dog bite accidents. If a dog’s bite is severe enough, it can cause the bone to shatter. In broken legs, patients may require physical therapy after having their leg in a cast for a long period of time.
A crushing injury can occur when part of the body is crushed between two items. In motorcycle accidents, crushing injuries occur when the body is pinned between the motorcycle and the asphalt or the motorcycle and another vehicle.
In workplace injuries, the body may be pinned against a wall and another hard object, such as machinery.
Crushing injuries often result in internal bleeding and organ damage, along with broken bones and other severe injuries.
There are many different levels of burn injuries, ranging from minor to severe. More minor injuries may heal on their own. However, more severe injuries require skin grafts and surgery. Severe burns, such as 3rd-degree burns, can cause permanent nerve damage. These injuries can result in the loss of feeling in some areas.
If a commercial vehicle is carrying hazardous materials, burns could occur upon impact. A motor vehicle that has caught on fire because of a collision can also cause burn injuries. Otherwise, burns are most common in workplace injuries because of fires, explosions, and dangerous chemicals.
Internal injuries can occur because of any type of injury. If the victim experiences a large impact on the abdomen, organ damage, and internal bleeding can occur. Internal injuries and bleeding must be taken care of as soon as possible to prevent further complications.
If you haven’t been involved in a personal injury lawsuit before, the case process can seem kind of daunting. Thankfully, our talented team of attorneys is here to walk you through it every step of the way.
The value of your personal injury case depends on a few factors, including how your accident occurred, the severity of your injuries, and the amount of insurance coverage the at-fault party has available. The damages that you can collect because of your injuries include:
While some of these considerations have a clear value associated with them, some do not. An experienced attorney will be able to give you an estimated case value after they assess all factors and complete their preliminary investigation. This will provide you with a good idea of what to expect when it comes to a settlement.
You already have so much on your plate when it comes to costs. Sand Law doesn’t want to add to the financial stress you’re already experiencing. That’s why we use a “contingency fee” system. This means that we only get paid if we win your case.
We don’t charge any hourly rates or fees. Our payment comes out of your final settlement or trial win amount. This allows you to access a quality attorney even if you don’t have the money upfront.
Without this system, many parties wouldn’t have access to quality attorneys, leaving them in the dust to deal with their damages.
In cases involving negligence, it’s usually one person (you) against a giant insurance company with tons of resources. By using Sand Law, a well-known law firm, you’ll have the same resources and strength to go up against the monstrous insurance company.
If you win your case with the help of Sand Law, only then will we take a fee for your recovered damages. However, in some cases, the defendant will be responsible for your attorney’s fees, meaning you won’t have to pay anything at all.
If you or someone you love has been injured in a personal injury accident, contact our talented team of attorneys at Sand Law for a free, no-risk case evaluation. With Sand Law on your team, you won’t have to fight this battle alone.
Sand Law protects clients in Minot, Ward County, and across North Dakota. We have assembled a team of experienced and dedicated personal injury attorneys who are skilled and passionate about representing the common person from huge corporations looking to take advantage of them and their desperate situation.
Our offices are conveniently located in Minot, Watford City, Williston, and Bismarck. We also have a vast network of resources and witnesses that we can employ if necessary to help make a client’s case as strong as possible, helping to ensure our clients get the compensation they deserve.
Contact Sand Law today to schedule your free consultation by calling (701) 609-1510 or by filling out our contact form. We look forward to helping you and your family in your time of need with compassion and understanding.
While any vehicle accident can cause catastrophic injuries or wrongful death, an 80,000 lb. tractor-trailer transporting a maximum load presents a far more serious danger to occupants of other vehicles.
The unique physical characteristics of large trucks, which include their massive length and weight, make these vehicles less responsive and more prone to causing horrific carnage in a collision. When large trucks are involved in fatal crashes, the victim who dies in the collision is the occupant of the passenger vehicle 97% of the time, according to the Insurance Institute for Highway Safety (IIHS).
While the trucking industry is heavily regulated to mitigate this inherent risk, these regulations can be thwarted by the non-compliance of commercial drivers, often with the tacit approval of trucking companies.
Victims of negligent truck drivers and their employers may have a right to compensation, but litigation of trucking accident cases tends to be more complex and sophisticated than most other types of vehicle collisions. Our Minot semi-truck accident attorneys at Sand Law PLLC have the legal acumen, experience, and litigation resources to take on large trucking corporations and their insurance companies.
Our lawyers at Sand Law, PLLC are committed to standing up for individual victims of careless truck drivers and indifferent trucking companies. Our law firm vigorously fights to maximize the financial compensation received by casualties of the trucking industry and their families.
We also recognize that the legal process can seem foreign and complicated, so we focus on keeping clients informed throughout the life of their legal process. To further our commitment to providing the highest-quality legal services, we have adopted a goal of returning calls and emails within 24 hours, copying clients on correspondence, and providing periodic updates regarding case developments throughout a client’s entire case.
While most law firms promise exemplary service and zealous representation, we let our former clients and peers attest to our firm’s dedication to exemplary legal representation, client services, and ethical conduct. Designations and reviews that attest to our focus on doggedly pursuing the best experience and results for our clients include the following:
While the massive size and weight of a commercial truck justifiably draw significant attention, trucking accident cases are more than car accident claims involving a large vehicle. Trucking litigation involves unique and challenging issues that are not present in other types of vehicular accident lawsuits. Experienced and skilled trucking accident lawyers will have special expertise and experience with trucking safety issues, as well as trucking industry practices and regulations.
Studies conducted by insurance industry trade groups have found that a represented party tends to recover as much as 3.5 times more than an unrepresented party in a personal injury case. However, this difference would probably be far greater if only trucking accident cases were considered because of the sophisticated and specialized nature of trucking law and litigation.
Several reasons that big-rig injury victims benefit from working with an established trucking accident attorney include:
While negligence will usually be the key theory of liability in a trucking accident injury case, the factual and legal issues tend to be far more complicated than those in the average car accident. Some of these special issues include:
Because of the inherent threat to public safety associated with large trucks, the trucking industry is governed by an extensive matrix of regulations. Commercial carriers (trucking companies) engaged in interstate commerce (i.e., operating across state lines) must comply with regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA), while those operating solely within the state are subject to state and local regulations.
Our law firm and knowledgeable industry experts that we retain to investigate trucking injury claims pay special attention to disregarded regulations. When a truck driver or trucking company engages in conduct in violation of one of these mandated requirements, the legal theory of negligence per se makes it easier to prove negligence.
Our law firm investigates potential noncompliance with these regulations in multiple areas that include:
The trucking industry has a notorious reputation for the alteration or destruction of evidence when facing a personal injury claim. Our experienced semi-truck accident lawyers promptly investigate all potential defendants and send a preservation letter informing each that they might have important evidence in their possession, which they have a duty to preserve. For example, the truck’s “black box” and the condition of the truck must be preserved because they often provide crucial evidence.
This step is important because the trucking company and other recipients are put on notice that tampering with or destroying the items could bring a motion for sanctions in the form of legal fee awards or rulings adverse to their defense.
Although these tasks must be conducted when pursuing any traffic accident claim, the complexity and evidence preservation issues in trucking cases put a premium on experts and evidence collection.
Along with accident reconstruction experts, medical and psychological experts, economists, vocational counselors, and others with specialized knowledge often used in car accident claims, we frequently work with transportation investigators, safety experts, engineers, commercial vehicle/truck mechanics, roadway design experts, metallurgists, and others with specific expertise related to the trucking industry.
We also seek evidence from many sources to prove our client’s case, including but not limited to black box data; driver HOS logs, driver fuel, tire, and lodging receipts; electronic communications between drivers and the commercial carrier; commercial driver personnel files; and inspection and maintenance records.
Trucking companies anticipate that their vehicles and drivers will be involved in collisions that raise the prospect of liability for injuries and fatalities. Commercial carriers often have investigators that can be dispatched to analyze a collision site within minutes.
The trucking company begins gathering evidence and building its defense as soon as this occurs. Injury victims need someone protecting their interests against these well-prepared and financed defendants as soon as possible.
Factors like the following can cause accidents involving commercial drivers and semi-trucks:
The massive weight disparity between a semi-truck and a passenger car often means trucking accidents lead to serious or even catastrophic injuries. Some of the injuries that trucking accident victims experience include:
Because truck accident injuries are often more severe than passenger vehicle equivalents, that means the costs are higher, too. Financial costs for severe injuries can be through the roof, costing anywhere from five to six figures. Even minor injuries can be expensive, with one hospital visit costing at least a few thousand without health insurance coverage.
And that’s only considering the cost of medical treatment. You may also lose wages while you’re out of work. Other common costs with severe injuries include the cost of medical equipment (like a wheelchair) and the cost of in-home care. These things can add up quickly. On top of that, truck accident injuries can also cause a great change to one’s quality of life.
The mental cost can be quite heavy. In the case of a severe injury, truck accident victims may experience a huge change in their life. They may no longer know how to perform their daily tasks, or they might not be able to perform them without assistance. The combined mental and financial costs can be almost too much for some people to handle. Thankfully, our experienced team of attorneys can help you get the compensation you deserve for these damages and more.
Our Minot semi-truck accident lawyers investigate to obtain the documents and evidence needed to maximize the value of our client’s claims and identify all sources of insurance. While the exact forms of damages in a commercial truck claim will depend on the specific facts and circumstances, some of the types of damages you might be entitled to receive include the following:
If you or a loved one has been injured in a North Dakota accident caused by a careless commercial driver or an indifferent trucking company, Sand Law, PLLC offers a free consultation so that we can evaluate your legal claim and explain how to protect your rights. The attorneys in our law firm serve truck accident injury victims in Minot and throughout Ward County, North Dakota. Call us today at (701) 609-1510 or email us for a truck accident case review.
Although no one expects to be involved in a car accident, the most careful and attentive driver can be injured in a severe collision when others disregard traffic laws and safe driving practices. North Dakota had the highest percentage of drunk driving fatalities in the nation, according to government statistics in a recent one-year period.
The National Highway Traffic Safety Administration (NHTSA) reported more than 4 in 10 driving fatalities involved a driver with a blood alcohol content (BAC) that exceeds the legal limit of 0.08 percent. If you have been the victim of a driver who was intoxicated, speeding, distracted, or otherwise unsafe, you might have a right to financial compensation. Our Minot, North Dakota, car accident lawyers protect the rights of injury victims against insurance companies while pursuing the fullest financial recovery for our clients.
We recognize the enormous physical and emotional toll of suffering a serious injury in an auto accident. Therefore, our lawyers help clients effectively navigate insurance company traps and legal complications. Also, insurance policies are dense, complex, and filled with exemptions, exclusions, and conditions.
On the other hand, the civil litigation process involves understanding and navigating civil procedural rules, substantive legal standards, court rules, legal deadlines, case law (e.g., judge-made law), statutes, evidentiary rules, etc. At Sand Law, PLLC, our motor vehicle accident attorneys are committed to demystifying the complex process of pursuing legal compensation. By doing so, we can keep clients informed throughout their cases and diligently work to obtain the best outcome for injury victims.
Our Minot, North Dakota auto accident lawyers have built a reputation among judges, peers, opposing counsel, and former clients based on proven results and dedication to providing a high-quality attorney-client experience. Sand Law, PLLC has a policy of striving to respond to client calls and emails the same business day or the next business day. We also provide periodic updates and copy clients on correspondence because we recognize the importance of effective client-attorney communication.
Our reputation is reflected in client and peer evaluations, along with numerous accolades and awards, such as:
Although you have the right to take on at-fault parties and their insurance companies on your own, car accident victims represented by experienced personal injury lawyers tend to fair much better than those who go it alone. An adjuster or investigator from the insurance company might contact you to arrange an in-person interview or recorded statement.
Be warned, the insurance representative’s goal is to obtain information that devalues your claim or provides a defense to partially or totally deny liability.
While results of cases will vary depending on numerous factors, insurance carriers are aware of industry studies that reveal claimants with attorneys recover as much as 350% more than individuals who handle their own claims. Insurers and their team of investigators, adjusters, experts, and lawyers are not motivated by a sense of fairness. Rather, their goal is to protect the financial interests of their employer by limiting the amount of money injury victims receive.
Experienced legal representation from a North Dakota car accident attorney benefits individuals injured in motor vehicle accidents in numerous ways, including but not limited to the following:
As many people who are involved in car accidents don’t have prior experience with lawsuits, it makes sense for the process to seem overwhelming and stressful. On top of that, it can be hard to decide when you should hire an attorney and when you can probably get by without one.
The best way to make this decision is to speak with an attorney. Most attorneys offer free case evaluations, and if they don’t believe that your case needs to be handled by an attorney—they’ll tell you.
If an attorney won’t give you a free case evaluation or won’t advise you on whether or not you really need an attorney, that’s a good indication that you should be running in the opposite direction.
However, in general, there are some circumstances that will help you determine whether or not you need to hire a car accident attorney. For example, if you weren’t injured in your car accident and the damage to your car is minimal, you’ll likely be able to handle it on your own, as you won’t have complicated damages or high medical bills to deal with. Or, if you have knowledge of law and insurance, you may also feel comfortable taking on your case alone.
The most important thing is how confident you feel. If you think you’re capable of taking on a smaller case without any outside help, by all means. However, larger, more complex cases will always benefit from an attorney. Attorneys have built connections within the industry, and they can use those connections to benefit you.
If you don’t feel confident about taking on your case alone, or you have high damages and injuries, hiring an attorney is your best bet. And if you’re unsure of whether or not you need an attorney, schedule a free case evaluation to get advice from an attorney in real time.
After you’re involved in a Minot car accident, it’s important to take the following steps.
If you or someone else involved in the accident have a serious injury, contact 911 (or allow someone else to contact 911 on your behalf) to receive emergency medical attention. If you’re unable to move, talk, or stay awake, emergency attention will likely be required.
If you can stick around at the scene of the accident, you should first contact the police to file a police report. Others may try to convince you not to get the police involved, but that would be a mistake. A police report provides solid evidence for your case. Some insurance companies may deny your claim without one.
Make sure to get the first and last names, best contact phone numbers, and insurance information of any drivers involved in the accident. Give them the same information.
You should take as many pictures as possible, as they can showcase how the accident occurred and even who is at fault. Take photos of your vehicle and other involved vehicles, as well as your injuries and the scene of the accident. For example, pictures could show skid marks, proving that a vehicle was speeding before coming to an abrupt halt.
If anyone witnessed the accident, make sure you talk to them. Get their contact information and let them know that someone may be in touch to speak with them about the accident. You should also encourage them to stick around to speak with the investigating police officer. A police report with a witness statement reflecting your story on it is powerful evidence.
After you’ve collected as much evidence as you can, you should then seek medical attention. Even if you don’t believe that you’re injured, you should still be examined by a medical professional. Even severe injuries may be masked by the adrenaline caused by car accidents. When you see a doctor, make sure to let them know that your injuries are because of a car accident. Tell them where you were in the vehicle and where the car was impacted.
Don’t talk to them about fault, even in casual conversation. Not seeking medical attention right after your accident can cause insurance companies to raise an eyebrow. They’d use this as an excuse to lowball your settlement, stating that your injuries must not have been serious if you didn’t receive medical treatment right away.
After you receive the medical treatment, you should immediately speak with an attorney regarding your case. This can be done from the hospital if you’ve been checked in for a more extended stay. You must talk to an attorney before filing a claim with your insurance company. Once you file a claim with your insurance company, both your insurance company and the at-fault party’s insurance company will want statements from you regarding the accident.
The at-fault party’s insurance company may try to offer you quick cash in exchange for your statement or the signing of a waiver. Do not give any statements without first speaking to your attorney, and do not accept any money or sign any documents.
Liability in most car accident cases is based on some form of negligent or reckless driving. While North Dakota law recognizes multiple degrees of negligence, “ordinary negligence” is defined as the “want of ordinary care and diligence.” The most common cause of traffic accidents is unsafe driving practices, such as:
When drivers speed, it makes it much harder for them to slow down when traffic changes. Even if they’re only going 10 mph over the speed limit, it makes a difference. Speeding can lead to rear-end accidents, sideswipe accidents, and t-bone accidents.
When the right-of-way rules aren’t observed, an accident may occur. These types of accidents often occur at four-way stops and turn that require a yield, such as right and left turns at red lights.
Driving while under the influence of drugs or alcohol has a huge impact on one’s ability to operate a motor vehicle. Alcohol affects decision-making, vision, and critical thinking skills.
Distracted driving doesn’t just mean texting or talking on the phone while driving, but can also include eating, putting on makeup, looking for a playlist, looking for directions, or talking to someone in the back seat.
Running a stop sign or red light is dangerous, even if you think no one is coming. Running a red light or stop sign is a common cause of t-bone accidents.
You should always look to make sure that no one is in your blind spot before changing lanes. When someone doesn’t look, they may cause a sideswipe accident.
Illegal left-turn accidents tend to occur at intersections with a red arrow and can be extremely dangerous, especially when speeding. These may occur because the driver believes that turning on a red arrow is legal when it’s not.
When a driver doesn’t leave proper space between themselves and the car in front of them, an accident may occur when traffic conditions change abruptly, as the following driver doesn’t have time to adapt.
When the traffic, weather, or road conditions change, drivers should always adjust. This is especially true in poor weather conditions such as snow or heavy rain.
Using a phone, even for a few seconds, while driving can cause an accident easily, as it takes one’s mind and eyes off the road.
When someone drives tired, their reaction times are much lower, meaning they may fail to react to changing traffic conditions in time.
Our Minot auto accident lawyers work diligently to maximize our clients’ financial compensation. We accomplish this task by pursuing several strategies that include:
Even when a careless driver causes your injuries, the at-fault party might lack adequate insurance or assets to compensate you for your loss fully. To start this process begins with the initial consultation at the onset of our legal services. Then, our motor vehicle accident lawyers carefully investigate the potential liability of third parties.
These may include public entities that fail to design, construct, or maintain safe roadways; manufacturers of defective vehicles; employers of drivers on work-related outings; the vehicle owner; and others depending on the specific facts and circumstances.
Although North Dakota requires drivers to carry auto insurance, many motorists disregard this mandate or carry the bare minimum. The statutory minimum can prove woefully inadequate. The minimum bodily injury coverage is $25,000 per person and $50,000 for all injury victims.
When a person suffers a severe injury, this amount might not even cover medical bills. If multiple people are injured, the entire $50,000 in coverage could be exhausted before you file your claim. Therefore, we analyze other coverage, like umbrella policies or our client’s own uninsured/underinsured (UM/UIM) coverage, to increase our clients’ “net recovery.”
While most auto collision claims settle without the need for a trial, we work hard to make a compelling case so that we can negotiate from a position of strength. However, we want insurance companies to know that we will not hesitate to take your case to trial if it is in your best interest.
Maximizing the amount our clients receive does not end once a settlement or judgment has been obtained. We negotiate with medical providers to secure reductions in medical bills so that our clients put more of their compensation in their pockets.
Our seasoned vehicle accident lawyers have handled thousands of car accident cases. We frequently use experts to analyze the accident scene, vehicle damage, the law enforcement accident report, and other evidence to craft a persuasive explanation regarding the cause of the crash and our client’s injuries. We have the experience and expertise to handle all types of car accidents, such as:
The number of traffic fatalities in North Dakota decreased in 2018, according to the North Dakota Highway Patrol. However, vehicle collisions still claimed the lives of over a hundred people and caused severe injury to many more.
A significant number of serious injuries experienced in auto collisions do not immediately manifest serious symptoms. For example, a headache that might be attributed to the stress of the incident could be a symptom of a brain injury. Delays in seeking medical attention can adversely affect a person’s prognosis and compromise his or her financial recovery.
Car accident victims should visit a doctor following an accident, even if their symptoms seem minor. Additionally, all symptoms should be reported to the doctor. Further, the injured party should submit to all ordered diagnostic tests and imaging.
Some of the injuries we frequently see that can cause intense pain, long periods of recovery, and/or disfigurement or disability include:
These types of injuries include concussions, skull fractures, brain bleeds, and facial injuries requiring plastic surgery. Brain injuries can have devastating long-term consequences on cognition, sensation, mobility, mood, communication ability, personality, and many other physical and mental functions.
Broken bones can cause excruciating pain, require surgeries, and necessitate the implantation of screws and metal plates.
Serious burn injuries can lead to skin grafts, surgeries, permanent disfigurement, and intense pain.
When the spinal cord is damaged, an injury victim can suffer the loss of sensation and movement in the extremities. The affected areas of the body will depend on the severity of the injury and the location of the damage.
For example, tendons, muscles, and ligaments can be torn or strained in a collision. These injuries can be excruciating, requiring surgical repairs and long periods of rehabilitation to recover fully.
These types of injuries can be debilitating, causing recurrent pain or permanent damage. Common neck and back injuries include lumbar strains, spinal stenosis, herniated discs, degenerative spinal disorders, and more. Spinal cord injuries are severe, as damage to the spine can leave one paralyzed.
No amount of money can restore the love of a family member whose life is taken prematurely. However, compensation in a wrongful death lawsuit can ease the financial burden that accompanies the tragic death of a family breadwinner.
The word “damages” refers to any loss that you experience as a result of your accident and subsequent injuries. There are two different types of damages, special and general. You may also receive punitive damages.
Special damages or non-economic damages are losses that have a monetary value associated with them. They can be easily tabulated by gathering medical bills, lost wage documents from your employer, and other receipts.
General damages are harder to calculate, as they don’t rely on a specific monetary value but instead reflect the change to your quality of life that you may have experienced after your accident. The more your life has worsened because of your injuries, the more compensation you’re likely to receive.
When a loved one passes away because of the injuries they sustained from a car accident, either at the scene or later on because of complications, you can collect wrongful death damages on their behalf. You can claim damages for the special and general damages they experienced and the damages that you experienced because of their passing.
Punitive damages are rare but may occur when gross negligence is involved. This type of damages is awarded to the plaintiff to punish the defendant further. They’re also used to try and prevent the defendant (or similar parties) from committing the same act again in the future.
The most important factors that determine your claim’s worth are the severity of your injuries and your total damages. These two are very interconnected, as how bad your injuries are determined how much your damages are overall. The more severe your injuries are, the more you’ll have in medical debt and lost wages. Not only that but the more severe your injuries are, the more likely you are to experience a change to your quality of life, which will result in higher pain and suffering compensation.
Unfortunately, you can’t receive more in compensation than the at-fault party has available to give. However, if the at-fault party acted with gross negligence, you’ll receive punitive damages, adding to the total value of your claim.
And finally, whether or not you settle also has a huge impact on the amount of money you receive. In general, you can receive more money when you take your case to trial, but most cases don’t make it that far. You also will only receive compensation if you win, which can be chancy. It’s said that your settlement value is a percentage of your trial value based on the chance you have at winning your case.
For example, if your trial value is $300,000 (your total and highest possible value), and you have a 50% chance of winning your case if it were to go to trial, your settlement value would be 50% of your trial value, or $150,000.
Our personal injury attorneys at Sand Law, PLLC works diligently to take on insurance carriers and fight for our client’s rights and interests. Although the precise types and amount of compensation in your case will depend on your unique circumstances, some of the kinds of damages in car accident claims include:
Our traffic accident injury attorneys offer a free case evaluation so that we can review your claim, determine your legal rights, and advise you about how to protect your right to compensation. Call Sand Law, PLLC today at 701-609-1510 or email us for a free consultation as to your accident claim.
If you suffered a traumatic brain injury as a result of someone’s negligence, it is likely that you will need compensation to help pay for your medical bills, lost income, and mounting additional costs. A Minot personal injury attorney can help.
A traumatic brain injury (TBI) is a serious and debilitating injury that results from a trauma or blow to the head. Brain injuries can occur because of car accidents, motorcycle accidents, truck accidents, slip and falls, and all kinds of other negligent incidents. Head and brain injuries can cause victims serious suffering, life-long complications, and a severe amount of stress.
TBIs are a complicated area of law since the injuries most often do not have a visible element. One cannot simply show a jury their brain injury. Because of this, insurance companies and defense attorneys in general, often downplay TBI injuries.
Though it is true that a brain injury can range in severity, like any other injury, even mild brain injuries should be taken seriously since any injury to the brain can create serious complications to one’s physical, cognitive, and emotional abilities. Quite simply, the brain is critical to human function.
Every year, there are nearly 3 million brain injury related visits to the ER, hospitalizations, and deaths in the United States. These injuries cause a wide variety of symptoms that affect people in every way imaginable. Symptoms for brain injuries can vary based on how your brain injury occurred and the severity of the injury.
In mild traumatic brain injuries (or mTBI), patients often experience loss of consciousness after the injury, the feeling of being dazed or confused, headache, nausea and vomiting, fatigue, speech problems, difficulty sleeping, and loss of balance. Mild brain injuries can also cause blurred vision, ringing ears, or changes in your ability to smell and taste. You may also be sensitive to lights and sounds at this time. It’s also possible to have memory or concentration problems, mood swings, and depression and anxiety along with your brain injury. Although an mTBI often does not have lifelong consequences that we know of, they still create a serious problem for those suffering from them while the symptoms last.
Severe brain injuries carry all the symptoms from a mild TBI and more. A severe brain injury can cause loss of consciousness for minutes to hours, persistent and severe headaches that vary in intensity, convulsions or seizures, and coma. Moderate to severe TBIs can also cause lasting damage to the brain that can create a near unlimited list of permanent consequences that can severely affects one’s quality of life.
There are 1.7 million diagnosed cases of traumatic brain injury that occur in the United States each year. On top of that, 5.3 million people live with a disability caused by TBI in the US alone. Every year there are about 235,000 hospitalizations for TBI, and about 80,000 to 90,000 people each year that experience the onset of long-term disabilities from TBI. Clearly, there are lots of brain injuries happening every day in the United States, but what exactly is causing them?
According to the Mayo Clinic, the most common causes for brain injuries are falls, motor vehicle collisions, violence, and sports injuries. Of course, not all of these are a result of negligence–but the top two, falls and vehicle collisions, often are.
Falls of some type make up 48% of all traumatic brain injury emergency room visits each year in the US. These brain injuries from falls disproportionately affect children and older adults. In fact, 4 out of 5 brain injury hospital visits in older adults were caused by falls.
Clearly, a TBI is one of the most dangerous outcomes that can occur after a slip and fall. This is especially true for slips that take place on hard surfaces where one may fall down and hit their head on the ground. These cases can vary in severity depending on the impact to the head.
Slip and fall accidents can happen anywhere and to anyone. They commonly occur at work places, on construction sites, in parking lots or garages, or in public places like the post office or grocery store. In these cases, you may be able to sue for compensation for your damages. If you believe that your fall-related TBI was the fault of someone else, you may be entitled to compensation.
Motor vehicle accidents–like car accidents, truck accidents, and motorcycle accidents–cause many different types of injuries, including traumatic brain injuries. Since the second leading cause of TBIs are motor vehicle accidents, it is clear that they are a common result of collisions. When a victim of a motor vehicle collision suffers a blow to the head during impact, they can have lasting consequences far beyond a broken bone or laceration. If you’re not wearing a seatbelt, or if the force from the collision is particularly intense, you could easily suffer the consequences from a traumatic brain injury for months, years, or forever.
Brain injuries often result in all types of complications. These complcatication could range from lifelong headaches to a coma or vegetative state. With a TBI, it is also possible to suffer something called brain death. Brain death occurs when there’s no measurable activity taking place in the brain and is most often life-ending. These complications, from mild to severe, are what makes suffering a brain injury so complicated and stressful. Unlike a more straightforward injury, like a broken bone, there is not clear treatment, prognosis, or healing time. These unknown factors often mean that attorneys and injured victims need to work close together to ensure that all damages, and potential future damages, are being taken into account while going through the personal injury claim process.
If you or someone you love has suffered a brain injury from a motor vehicle accident, slip and fall, or any other negligent incident, you may be entitled to receive compensation for your damages. Our lawyers here at Sand Law are ready to take on your case and are eager to help you get the compensation that you deserve. For more information or to schedule a free consultation, please contact us online or at 701-394-5396.
Being charged with driving under the influence affects your civil rights immediately. The associated criminal charges may take months to resolve, but your driving privileges are handled independently from the courts through the North Dakota Department of Transportation (DOT). North Dakota law authorizes the DOT to revoke or suspend a driver’s license based solely on an arrest or charge for DWI/DUI. A conviction in criminal court is not required.
This is an important consideration because driving with a suspended license is a whole new criminal offense. In fact, “driving after suspension” is one of the most common criminal charges. Navigating the administrative system to maintain your ability to get to work, pick up your kids, and carry out other day-to-day responsibilities can be difficult. Sand Law is a full-service law firm with offices in Minot, Bismarck, Watford City, and Williston. Our experienced DUI/DWI defense attorneys in Minot can help you cut through the red tape and regain your driving privileges as soon as possible.
The law allows drivers to retain limited-purpose driver’s licenses for work, childcare, and other purposes. In addition to being a premier trial defense firm, Sand Law has developed an expertise in obtaining favorable results through the Department of Transportation’s administrative process.
DUI/DWI enforcement in Minot is rigorous. Recently, law enforcement has made a concerted effort to crackdown on drunk driving in Minot and across North Dakota. In the process, police officers and sheriff’s deputies have developed a tendency to cut corners and be over-zealous in their enforcement efforts.
As a result of the state’s focus on DWI enforcement, drivers are regularly stopped on unconstitutional grounds. The Fourth Amendment protects all citizens against “unreasonable searches and seizures.” When a law enforcement officer makes a traffic stop on suspicion of DWI without a reasonable, rational basis, this is a violation of the driver’s constitutional rights.
Similarly, “field sobriety tests” are notoriously unreliable. Officers also commonly neglect to include important details in their reports, resulting in inconsistent trial testimony. Police officers frequently attempt to admit testimony that contradicts or is not supported by their report.
Any evidence obtained through an unconstitutional stop or seizure will likely be excluded from a trial, and improperly conducted field sobriety tests are a weak foundation for a criminal charge.
Our trial lawyers never forget that you have the right to be presumed innocent. The state is required to prove their case beyond a reasonable doubt, and Sand Law will ensure that you have the finest representation.
In North Dakota, driving under the influence is often determined via blood alcohol level or the behavior of a driver that is assessed by a law enforcement officer sometimes through a sobriety test. The blood alcohol limit is the threshold of alcohol saturation in your at which you are considered drunk and therefore guilty of driving under the influence. The North Dakota blood alcohol limit is 0.08%.
For drivers operating a commercial vehicle, the law is more strict with a blood alcohol level of 0.04% considered illegal.
Some people can actually have a drink or two and not have their blood alcohol surpass this level and some may pass this threshold after a single drink. It is important to remember that it does not matter how you may feel when you are behind the wheel. Experienced drinkers or people with certain body mass indexes may not feel as much impairment as other people that drink the same amount but that does not matter to a breathalyzer which only reads blood alcohol level not how drunk you may “feel.” You are allowed to decline a breathalyzer test that is the usual method of determining whether you have passed this threshold.
After an arrest or citation for DWI/DUI, it is important to act quickly. When you retain Sand Law to defend you against DWI charges, our experienced criminal defense attorneys will immediately contact the prosecutor’s office and demand that the state produces all of its evidence against you. Analyzing every piece of evidence, including squad car camera footage and police reports allows us to identify instances where the police acted improperly.
We often find that police officers made the initial traffic stop without sufficient reason to believe that any unlawful behavior was occurring. If that is the case, any further evidence may not be admitted. It is possible to have the entire case dismissed, or charges significantly reduced, long before a trial. Taking care of the criminal charges as soon as possible allows us to shift our focus to maneuvering the administrative process with the Department of Transportation to recover your driving privileges.
The criminal defense lawyers at Sand Law PLLC will fight in order to help you get the best possible result for your case. We offer free consultations. Contact us online or call us today at 701-609-1510.
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
Some dogs are fluffy and cuddly and the biggest danger they pose is peeing on your new Turkish rug. But for others, a dog’s tendency to be aggressive can pose a real concern, both to people they are familiar with and strangers. Some dogs, just because of personality, and others because of their inbred genetics, can occasionally exhibit aggressive and territorial behaviors that can lead to serious injuries.
If you were injured during a dog attack, we strongly recommend that you seek legal counsel from an experienced North Dakota dog bite attorney to see if your case qualifies for compensation. There’s no obligation during a free case evaluation, so it’s worth it to at least speak to an attorney. The experienced Minot dog bite attorneys at Sand Land are happy to help. We’ll answer your questions and help you to determine your options and understand your rights.
North Dakota does not have a specific personal injury statute that deals with dog bite injuries. Instead, North Dakota injury attorneys refer to a previous case (known as case law) to prove dog bite cases. The case that most attorneys refer to is known as Sendelbach v. Grad. This case allows attorneys to prove that dog bite victims deserve compensation because a dog bite injury fits within the standard negligence laws in North Dakota.
Attorneys use this case to argue that dog bite owners have a ‘duty of care’ to prevent their dog from attacking and biting other people.
Sand Law PLLC is experienced in handling dog bite cases in Minot and across North Dakota. Our aggressive dog bite attorneys are here to help you understand your rights and get compensation for your dog bite injuries, so contact us today for a free consultation.
A statute of limitations is a time limit for legal cases; basically they require prosecutors or personal injury attorneys to file a claim with the court system within a specific amount of time ensures that the trial is fair, evidence is still reliable, and witness testimony is still accurate.
North Dakota’s statute of limitations for dog bite claims is the same as any other personal injury claims: 6 years from the day the injury occurred.
As we mentioned above, North Dakota doesn’t have a specific law relating to dog bites. Instead, the precedent set by other personal injury cases and the North Dakota Supreme Court case of Sendelbach v. Grad set the standard of negligence in North Dakota in regard to dog bite injuries and damages.
In order to receive compensation for any damages caused by dog attack in North Dakota, you must prove three things:
Courts rely on a concept known as reasonable care to decide whether a dog owner’s had a responsibility to restrain, train, or control their dog so that it wouldn’t attack anyone or cause damage in some other way. The court asks: did the dog owner take reasonable care to prevent the dog from hurting someone?
Although North Dakota doesn’t have a specific dog bite statute, other laws can still be used to prove win compensation for injuries caused by a dog. For example, if a dog bites a woman while they are jogging in the park, and the dog wasn’t on a leash, then an attorney can use local leash laws to prove that the owner was negligent.
Comparative negligence is commonly used in North Dakota personal injury cases that weighs the injured person’s fault for their own injuries versus the fault of the other party. For example, a dog owner’s lawyer may attempt to reduce or deny a dog bite injury claim by using comparative negligence to claim that the injured person was partly or totally to blame for the dog attack.
Using comparative negligence, the judge or jury decides what percentage each person is at fault and reduces the damages by the percentage of fault assigned to the injury victim, assuming the dog bite victim is not more than 49% at fault, in which case they are not eligible for any compensation.
Dog attacks can cause different types of injuries with varying levels of severity that can having lasting damages for victims. Some common dog bite injuries include:
Sand Law has helped hundreds of dog bite victims across North Dakota get the compensation they need to fully recover from their injuries. We have assembled a team of experienced and dedicated personal injury attorneys who are skilled and passionate about representing victims of negligence in all types of personal injury matters, including dog attacks.
We have offices conveniently located in Watford City, Minot, Williston, and Bismarck. We also have a vast network of resources and witnesses that we can employ if necessary to help make a client’s case as strong as possible, helping to ensure our clients get the compensation they deserve.
Contact Sand Law today to schedule your free consultation by calling (701) 609-1510 or by filling our our contact form. We look forward to helping you and your family in your time of need with compassion and understanding.
North Dakota treats wrongful death lawsuits a little differently than they treat personal injury cases in their legal system. In this article we will look at the definition of a wrongful death and what constitutes a wrongful death civil case. We’ll also look at the types of damages available in a wrongful death claim, the statute of limitations from a wrongful death claim, and who is eligible to pursue a wrongful death lawsuit in Minot.
North Dakota outlines wrongful death in Section 32-21. In this section of North Dakota’s wrongful death statute, they give the definition of wrongful death as a: “wrongful act, neglect, or default” of person. The situation that caused the death–be it negligence, recklessness, or intentional–fits within the laws of wrongful death if the deceased person would have had a valid personal injury claim had they lived.
In other words, a wrongful death claim is a personal injury claim that is brought on behalf of the deceased by their family member or estate because they no longer alive to receive the compensation they deserve.
Oftentimes, the family members of the deceased suffer very serious damages, that outside of grief, affect their lives in extremely negative ways. This ensures that both the deceased person’s interests and the family’s interests are protected.
Since a wrongful death claim, like a personal injury claim, fall under civil law, the suing party can only seek money damages, not criminal charges (at least not during the same proceedings).
A Minot, North Dakota wrongful death case often has economic damages and non-economic damages.
These losses, like all personal injury and wrongful death civil cases, must be proved in court if the case cannot be settled during negotiations. This means that if one has to bring a wrongful death lawsuit to court, they will have to prove that these damages actually occurred and they cost the family real economic hardship.
This is where an experienced Minot wrongful death attorneys can help the personal representative of the decedent get through their grief by helping to lessen the stress associated with the legal proceedings. We give you space to grieve while we handle the stressful legalities.
A wrongful death claim in Minot, Ward County, and anywhere in North Dakota has a time limit of 2 years from the date of the victim’s death. Filing a wrongful death lawsuit as soon as possible helps protect evidence, preserve the validity of the case, and get the victim’s family compensation sooner than later.
The specific people who are eligible to file a wrongful death claim in North Dakota, in order, are:
This means that the spouse of a deceased person has a right to file a wrongful death lawsuit before the surviving children–and so on.
Sand Law helps clients in Minot, Ward County, and across North Dakota who are dealing with the extremely painful situation of a wrongful death in the family. Our team of experienced and dedicated personal injury attorneys represent our clients zealously and aggressively while being compassionate toward in their time of need.
We have offices across North Dakota in Watford City, Minot, Williston, and Bismarck. Our vast network of resources and expert witnesses helps ensure our clients get the compensation they deserve for their loved one’s death.
Contact Sand Law today to schedule your free consultation by calling (701) 609-1510 or by filling our our contact form. We look forward to helping you and your family in your time of need with compassion and understanding.
Whether you have learned that you are the target of an investigation by a law enforcement agency or you have been formally arrested, the prospect of a criminal conviction can turn your life upside down. While the situation can seem daunting, you have important rights that should be immediately asserted. These rights include your right to remain silent, right to an attorney, and right to deny consent to a search. Many people make the mistake of making their situation worse by trying to “cooperate” rather than contacting an experienced Minot criminal defense lawyer who can safeguard their interests against overzealous law enforcement officers and prosecutors.
Although North Dakota law enforcement agencies often pursue investigations aggressively, our criminal defense attorneys at Sand Law, PLLC have successfully prevented formal charges from being filed when we are retained during the investigative process by narrowing the breadth of the investigation. We are prepared to limit the scope of interrogations, oppose unreasonable search and seizures, expose suggestive lineups, and otherwise ensure our clients receive the fullest protection of their rights under state and federal law.
Our lawyers are not here to pass judgement. Instead, our law firm is committed to the principle that every person accused of a crime deserves a zealous defense based on all our expertise, resources, and experience. When you are arrested by state or federal law enforcement officers or agents, law enforcement and prosecutors have almost limitless financial resources to use when seeking a conviction.
Our North Dakota criminal defense attorneys pursue effective defense strategies and positive outcomes that might include:
Our criminal defense attorneys tenaciously fight for the rights, liberty, and future of our clients. We are litigators who recognize that the adverse impact of a criminal conviction lasts far beyond formal sentencing terms like jail or prison time, fines, probation, loss of driving privileges, mandatory counseling/classes, and more. A criminal record can impact employment opportunities, eligibility for occupational or professional licensing, academic pursuits, loan applications, immigration privileges, constitutional rights, and other facets of people’s lives.
The long-term prospect of facing criminal charges in North Dakota can be frightening. Aside from the impact of formal sentencing, the consequences of a conviction of a criminal offense can last long after you have satisfied all the terms of your probation. For example, a criminal conviction can interfere with loan eligibility, employment prospects, promotions, professional licensing, housing options, immigration privileges, and more.
Our clients select us to fight for their future because of our reputation for fiercely taking on prosecutors, exposing weaknesses in the State’s case, exploiting improper law enforcement conduct, and seeking the best possible outcome for our clients. Some of the accolades, honors, and ratings that reflect our commitment to striving for exemplary results and keeping clients informed throughout the process include:
Our lawyers have successfully represented many people charged with infractions, misdemeanors, and felonies in state and federal courts throughout Ward County. Some of the crimes we handle include the following:
It is important to understand the different stages of a criminal prosecution and the various players involved.
Most charges originate with a law enforcement agency, such as the local police department or the county sheriff’s office. The law enforcement agency may arrest a person or issue a citation which starts the process. Then, the case is handed off to the prosecutor. Most often, the prosecutor will be from the State’s Attorney’s Office. In Minot, this will be the Ward County State’s Attorney. If the alleged crime is federal, the prosecutor will be from the office of the United States Attorney for the District of North Dakota. Ultimately, the decision to press charges is solely in the hands of the prosecutor – not the hands of law enforcement or the alleged victim. Regardless of what the citation from the police or the initial arrest report might say, the prosecutor will choose the actual offense to charge.
Notably, the idea that the alleged victim of the crime has the choice to “press charges” is largely a myth. All criminal cases are set up as the “State v. the Defendant”. The cooperation of the victim in prosecuting the crime is not necessary for the state to proceed with the case. This is especially true in charges of domestic violence, where the prosecutor often moves forward with the case even when the alleged victim is not interested in pursuing charges. Likewise, the initial interaction with law enforcement that led to the arrest or citation often has very little impact on the disposition of the case.
The upside of this system, known as prosecutorial discretion, is that it creates room for a defense attorney to work with the prosecutor starting before charges are formally filed and continuing throughout the process.
There is a reason why law enforcement is required to inform you of your right to remain silent. What you say, regardless of how seemingly innocuous it may seem at the time, can play a role in an upcoming trial. As a rule of thumb, remain silent and don’t answer any questions. Instead, simply ask to speak to a lawyer. Law enforcement knows that any small detail can contribute to your prosecution. Therefore, don’t give prosecutors ammunition to use against you.
Make sure that you take note of all the details relating to your arrest. Your legal defense will need all the help it can get and even the smallest detail can prove to be helpful. Make sure you take note of exactly how you were arrested, what law enforcement said to you, witnesses to your arrest, and exactly what you were charged with at the moment of your arrest.
One of the immediate advantages of securing defense representation promptly is that it changes the approach taken by the prosecutor. As mentioned earlier, the state is used to their position as the giant in the room with overwhelming resources and experience. The state takes advantage of most people’s unfamiliarity with the legal system to earn easy “wins.” However, competent representation by a criminal defense attorney safeguards that the prosecution will respect your rights and deal with you on a fair footing.
Also, it’s important to realize that most criminal charges involve multiple court appearances over the course of many months. From the initial appearance where the defendant must simply enter a plea of guilty or not guilty, through evidentiary hearings and multiple motions, a criminal proceeding can eat up a massive amount of time. This is another area where the state relies on its advantage: the prosecutor does not need to miss work and travel to make court appearances. The state uses this pressure to compel many people to take less-than-ideal plea agreements. With proficient criminal defense representation from Sand Law, you will likely be able to waive many of the preliminary court appearances and you will never be pressured to take a deal that is anything less than you deserve.
Our experienced criminal defense lawyers don’t rely on investigations conducted by law enforcement officers and agencies. Rather, we conduct our own independent investigation of the facts once you retain our office. We work with skilled private investigators, forensic specialists, and other knowledgeable experts.
Our attorneys analyze the government’s discovery, interview witnesses (including exploring grounds to lie/bias), expose law enforcement misconduct and violations of our client’s rights, seek to exclude unlawfully obtained evidence, and challenge the prosecutor’s evidence to prove every element of a charged offense beyond a reasonable doubt.
We have the skill and expertise to provide an effective defense during all phases of the criminal process. From pre-charge investigations through trial and post-judgement proceedings, such as appeals.
When we are retained prior to formal charges being filed, we often expose weaknesses in the prosecutor’s case, Miranda violations, unreasonable searches, and other inappropriate conduct by law enforcement. Our aggressive approach at this early stage can influence decisions regarding the severity and number of criminal charges.
Because the initial charges will set parameters for plea negotiations, early intervention can result in more favorable plea offers. Depending on your circumstances, we may be able to persuade the prosecutor not to pursue the case or agree to diversion.
While a disposition is reached in most criminal cases through plea negotiations prior to trial, our Minot criminal defense lawyers thoroughly prepare cases with an eye toward trial. We approach cases looking for the best strategy to get a case dismissed or to prevail at trial. We also know that thorough preparation provides the strongest incentive for prosecutors to agree to favorable reductions in charges, lenient sentencing, probation, or other alternate forms of sentencing that can keep you out of jail or prison and mitigate the adverse consequences of a criminal prosecution.
Depending on the crime you’re being tried for, you’ll either be facing a misdemeanor charge or a felony charge. Based on the crime and whether it’s classified as a misdemeanor or a felony, there are different classifications with different penalties and sentencing options.
As long as the maximum imprisonment for the crime is no more than 360 days or one year’s time, the crime is classified as a misdemeanor. However, if a crime is committed that has a penalty longer than one year imprisonment, it’s not a misdemeanor, it’s a felony.
Misdemeanors are classified by class as follows:
A judge may impose a variety of different sentences upon the defendant, including:
North Dakota and many other states separate misdemeanor offenses and felony offenses based on the maximum penalty allowed under the law. In North Dakota, a misdemeanor has a maximum possible sentence of one year of imprisonment. Therefore, any crime with a penalty above one year of imprisonment is a felony.
Felonies are classified by class as follows:
There are many different sentencing options. And the way that you’re sentenced is ultimately up to the judge. Nonetheless, your attorney can argue a better sentence for you. The most common felony sentencing options and alternatives include:
The sentence will usually include imprisonment and another form of sentencing. Then, the judge will either “execute or stay” the prison sentence. If the prison sentence is executed, this means that the defendant will go to prison. However, if it’s stayed, the prison sentence will be suspended and the defendant will have the opportunity to serve the sentence through probation.
Sand Law’s aggressive criminal defense attorneys level the playing field and fight so that you receive the full protection of your constitutional rights. Our reputation in Ward County and across the state often allows us to work with the prosecuting attorney to reduce or even dismiss charges early in the judicial process. Whatever situation you are facing, do not let the state overwhelm you.
Our criminal defense law firm fiercely represents clients in Minot criminal cases and other communities throughout Ward County, such as:
We also represent clients in smaller unincorporated areas and townships in Ward County. If you or someone close to you is the target of a criminal investigation or the subject of an arrest, we offer you the opportunity to speak with one of our seasoned North Dakota criminal defense lawyers at Sand Law, PLLC. Our goal is to fight for your future, freedom, reputation, and rights, so call Sand Law, PLLC today at (701) 609-1510 or email us for a free, confidential review of your pending criminal charges.
