North Dakota is a fantastic place to live and raise a family. It is a state filled with precious natural resources and hardworking people. The four seasons we enjoy make every day unique and exciting. Unfortunately, these unique qualities sometimes create negative consequences. Inclement weather can make for poor driving conditions, which increases the possibility of motor vehicle accidents and commercial truck accidents. The oilfield, with all of its economic benefits, also carries with it the dangers of working on rigs and pad sites.
Along with these unique elements that cause personal injuries in North Dakota, of course, individuals are also at risk of any other types of injury that exist anywhere in the world, like slip and fall, work injuries, recreational injuries, wrongful death, dog bites, distracted driving, rideshare accidents, and more.
Sustaining an injury can affect one’s life in a number of ways. From mild accidents to life-altering events, sustaining an injury can be especially frustrating if it was caused by the negligence or intentional wrongdoing of another person.
In these types of cases, you need an experienced North Dakota personal injury attorney that will be able to recover the compensation you deserve.
Many times, insurance companies try to settle claims for pennies on the dollar, leaving injured people stuck paying outrageous doctor bills and other expenses. Insurance companies are multi-billion dollar corporations that have bottom lines and increased profits in sight. Despite the fact that they are “your insurance” company, their job is still to pay you as little as possible.
Likewise, the negligent parties, either the other driver, the business, the apartment complex, or whoever contributed to your injury, will have insurance companies that are also trying to deny or minimize your claim. There are literally teams of lawyers working to prevent your fair compensation.
This is specifically why it is necessary to hire an experienced and resourceful personal injury attorney firm in North Dakota.
After you’ve been injured in a personal injury accident, you may be concerned about the debt that you’ve accumulated. There are a variety of types of damages that you can recover after your accident. Our experienced attorneys fight to get our valued clients the compensation they deserve for their damages.
Special damages, also referred to as economic damages, including any losses that have a monetary value associated with them. These damages are calculated by looking at bills and records provided by hospitals, doctors, your employer, and more. Examples of these damages include:
General damages, also known as non-economic damages, are harder to calculate. They’re calculated based on how the accident and your injuries have affected your life. The more that your quality of life has changed for the worse, the higher your general damage compensation will be.
For example, if you were very active before the accident and now you have injuries that have altered your lifestyle, you’ll receive more compensation than someone who wasn’t previously active and has injuries that they will recover from. Examples of non-economic damages include:
Wrongful death damages come into play when a loved one has passed away because of a personal injury accident. They may have passed away at the scene of the accident or later on because of complications associated with their injuries. Damages can be recovered by surviving family members on behalf of the deceased. The loved one filing the lawsuit may also be entitled to further compensation for their damages because of their loved one’s injuries and death. Examples of wrongful death damages include:
While punitive damages are rare, they are given out on occasion as a way to further punish the at-fault party for their negligent actions. Most frequently, they’re given to the plaintiff when the defendant has acted with gross negligence. In a car accident, gross negligence can mean driving while intoxicated with alcohol or drugs. In a slip and fall accident, that could mean an incredibly messy restaurant. In a commercial truck accident, it might be because of the overscheduling of employees and fraudulent logbooks.
Car accidents are by far the most common type of personal injury case in North Dakota and across the US. Auto accidents often happen because someone wasn’t following the rules of the road, wasn’t driving carefully, or was distracted while driving. These negligent drivers can be held responsible for the physical, financial, and emotional damage they cause, including injuries that result from the car accident.
Motorcycle accidents differ from car accidents in many ways. One of the most significant ways is that injuries that result from a car versus motorcycle accident are usually much more severe than the more common accident involving two cars colliding. Because the injuries associated with a motorcycle accident are often much worse, it can also sometimes mean higher settlement offers because of the increased damages. Motorcycle accidents must also be addressed from a unique legal angle due to differences in fault, negligence, how they should be investigated, and other factors.
Semi-truck accidents present some unique and serious issues. To start with, large commercial trucks often cause grave injuries to their size compared with a car. Additionally, because commercial trucking is regulated by both North Dakota and the United States, they are required to carry insurance with much higher limits than a regular car. Since the driver is often driving for another company (creating third-party opportunities), because they are well-regulated, and because they carry higher insurance limits, North Dakota truck accidents often result in much higher settlements.
Pedestrian and bicycle accidents can pose a serious threat to their victims as both parties don’t have much protection. While a cyclist might have on a helmet, it’s usually not enough to stop a catastrophic injury from occurring. Pedestrian accidents and bicycle accidents happen more frequently in urban areas where walking and cycling are more common. Pedestrian accidents often occur at intersections or crosswalks, while bicycle accidents more frequently occur because of improper lane changes and lane merges.
Oil field accidents are an unfortunate part of many North Dakotans’ lives. North Dakota brings in workers from all over the country to work in our lucrative oil fields. However, oil companies pay high wages for a reason. Oil workers often put in long hours and are subject to dangerous conditions. When an oil field injury or death occurs due to negligence, the injured worker or their family may be entitled to compensation. At Sand Law, we help oil field injury victims from all over the country with their North Dakota oil field injury claims.
If you are injured while working in North Dakota, you have rights through North Dakota Workforce Safety & Insurance. Workers’ compensation helps North Dakotans return to work as quickly as possible after their injury while compensating them for lost wages and medical bills. Unfortunately, it’s not always that easy. As your employer and their insurance company gear up for a legal battle, so should you. If you believe your workers’ comp claim was denied or reduced unjustly, Sand Law PLLC is here to help.
Dog bite injuries can cause severe and lasting injuries and trauma to those affected. However, North Dakota is one of the few US states that does not have a specific statute for dog bite claims. Instead, North Dakota has relied on past cases to help dictate what should be done when a person is injured by another person’s dog.
Specifically, North Dakota uses the Supreme Court case Sendelbach v. Grad to determine that standard negligence rules apply to dog bites and other injuries from dogs in North Dakota. This standard negligence procedure says that in order for an injured person to receive compensation, they must prove that the owner had a duty to prevent the injury, the owner failed to live up to that duty, and the owner’s breach of that duty caused an injury.
In dog bite cases, that usually means that the owner should have restrained, trained, or controlled the dog in a way that would have prevented the injury. If you were injured due to a dog owner’s negligence, the attorneys at Sand Law can help you get justice.
Slip and fall cases are a common type of personal injury case that we see here at Sand Law. A slip and fall can cause serious injuries are generally no laughing matter, despite our human instinct to trivialize them. Fall victims often receive serious head injuries, back injuries, or a host of other soft tissue injuries. In North Dakota, property owners have a legal responsibility to keep their property safe and free from hazards in order to prevent injury. To speak with an expert slip and fall injury attorney in North Dakota, contact Sand Law PLLC.
Catastrophic injuries include:
Catastrophic injuries can occur because of any type of personal injury accident but are most common with motor vehicle accidents, medical malpractice, nursing home abuse, and slip and fall accidents. Additionally, catastrophic injuries have a large impact on the victim’s life, causing them not only intense pain and suffering but also a changed life. Long-term care is often required for those who have catastrophic injuries, resulting in high medical bills, lost wages, and often serious depression or PTSD.
Child injuries can be caused by a variety of different accidents, such as:
Injury to a child may also occur during childbirth because of medical malpractice. Common childhood injuries include cuts, scalds, burns, fractures, dislocation, bruises, head injury, swallowed objects, choking, poisoning, and objects stuck in the ear or nose. These injuries may occur under the supervision of a babysitter or daycare, for which you may be entitled to compensation because of their negligent supervision. Children are also often involved in bicycle accidents in their neighborhoods due to vehicles not looking behind them before backing out of their driveway or not looking before running a stop sign.
Nursing home abuse can take many different forms, such as mental, physical, sexual, or financial abuse. Elderly abuse in nursing home may also occur because of a neglectful staff. The neglect of an elderly person can lead to serious injuries, such as slips and falls. Signs of nursing home abuse include:
In a nursing home, negligence could be the failure to properly take care of an elderly person, such as cleaning their room, making sure they’re treated properly, and helping them with personal tasks like showering if they need it. Not installing handrails to prevent falls, leaving spills or clutter on the ground, and not making walkers available can also be considered negligence.
When you or someone that you love gets sick or is injured in North Dakota, you expect that the medical professionals caring for them will do everything in their power to help them. But when a doctor or hospital makes the situation worse, confusion and anger often follow.
Medical mistakes and medical negligence do happen, and they should not be swept under the rug. Medical malpractice cases in North Dakota are complicated and should be handled by an experienced personal injury attorney. The attorneys at Sand Law understand that this is a difficult time, and you will be treated accordingly. Contact us for a free consultation regarding your North Dakota medical malpractice case.
Defective products can be incredibly harmful, especially if they’re not labeled correctly. Negligence with products can mean the failure to warn consumers of the risk associated with the product. Defective drugs are a common example of this. Newer drugs that don’t have the research to show what the side effects are can cause dangerous side effects. Common injuries from defective products include cuts, broken bones, burns, head trauma, electrocution, and choking. Common injuries associated with defective medications include organ failure, serious illness, and wrongful death.
Distracted driving accidents are, unfortunately, very common. However, distraction while driving isn’t just limited to texting or talking on the phone. Distractions fall into three separate categories: manual, visual, and cognitive.
Manual distractions involve things like texting, talking on the phone, eating, drinking, putting on makeup, or adjusting the radio. Visual distractions occur when the driver’s hands remain on the wheel, but their eyes do not. This could include checking one’s appearance in the mirror, looking at a GPS, or looking at a passenger. Cognitive distractions occur when the driver’s mind wanders away from the road, daydreaming, caring for or disciplining one’s children, or simply thinking about something else that can cause an accident.
When someone’s blood alcohol concentration level (BAC) is above .08 grams of alcohol per deciliter of blood, and they choose to get behind the wheel of a car, an accident could be catastrophic. Drunk driver accidents are very common in North Dakota, with about 41% of traffic deaths involving intoxication. Being drunk can cause a driver to have an altered mood, confusion, and decreased reasoning, thinking, and muscle coordination.
Rideshare accidents are more complex than regular car accidents because of the addition of the ridesharing company and driver. Ridesharing accidents can occur when the driver is offline on the app when they’re online and awaiting a ride request, and when there’s a passenger in the car. The at-fault party in this situation could be the driver of the rideshare vehicle (with you as the passenger or as another driver) or the fault of another driver while you’re a passenger in a rideshare vehicle.
Wrongful death occurs when someone passes away at the scene of a personal injury accident or because of complications associated with the injuries they received because of a personal injury accident. Claims for wrongful death can be brought on by immediate family members, such as the surviving spouse, children, parent or parents, grandparent, or the personal representative of the deceased’s estate. Wrongful death can be caused by motor vehicle accidents, oil field accidents, slip and fall accidents, medical malpractice, and more.
Personal injury cases have a lot of moving parts and can, at times, seem confusing. Here’s a rundown of how we handle a case from start to finish.
Every personal injury case at our firm begins with the intake process. This is the opportunity to first hear the details of your personal injury case, how you have been affected, and to see if we are a good fit for your claim type.
The intake process consists of gathering initial information such as your contact information, the date that the accident or injury occurred, whether you have sought medical treatment or are continuing to seek medical treatment, and how much this has set you back. Meaning we want to begin to get a good idea of the number of medical bills, lost wages, and possibly lost property value you have incurred.
For example, if you have been involved in a car accident, then you may have expenses for car repair costs and rental car fees. You may also have outstanding bills from an ambulance ride, the emergency room, your treating physician, and potentially a specialty physician, such as an orthopedic surgeon. You may have also missed work and are out of a paycheck. All of these factors are important for us to know as we move forward with your case.
We handle personal injury cases on a contingency fee basis. This means that if we do not recover money for your claim, there are no fees or costs to you. Sand Law covers all of the costs upfront, which only get reimbursed if we are able to recover financial compensation in your case. These costs generally come in the form of expert reports, court filing fees, deposition fees, arbitration and mediation fees, as well as expert witness fees.
Once we, the attorneys, and you, the client, have signed the retainer agreement, our office sends out letters of representation to all interested parties. These parties usually consist of insurance companies, law firms, opposing parties, and sometimes a state agency, depending on the type of case.
For example, in a motor vehicle accident, we would need to send letters to your insurance company, the other driver’s insurance company, any lawyers the other driver may have hired, and to a no-fault insurance provider. This lets everybody involved know that they have to deal directly with Sand Law and cannot contact you under any circumstances without first speaking with us.
One of the most important aspects of a personal injury case is to be as prepared as possible. This is where good record mining comes into play. The records we seek to retrieve depend on the type of case.
For a wrongful death case, we would need to get any police incident reports, autopsy records, death certificates, as well as financial information on the deceased to establish how dependent their loved ones may have been on them.
In a slip and fall case, we typically would request any video or photographic evidence of the scene in order to prove that the area was in an unsafe condition.
For oilfield injury cases, we would need to review employment records to determine whether there is a third-party liability claim available.
With truck accident cases, we ask to see the semi-truck driver’s logs to make sure he wasn’t driving over the regulated hours. For dog bite injury cases, we would want any records showing that the dog had a history of violence.
Finally, for auto accident cases, we would want to get the local police or state patrol crash incident reports as well as any medical records, EMT reports, or emergency room documentation. These records are the building blocks for an aggressive strategy on how to prosecute your particular injury matter.
Once we have collected and reviewed all of the records and reports in your case, we then sit down to draft a case summary. This consists of a number of items such as a medical records summary, an out-of-pocket summary (medical bills, etc.), a wage loss schedule, and in many cases, a preliminary expert report by either a medical professional or crash reconstruction expert.
Much of this information is also included in what is called a demand letter, which we will discuss below. The case summary is generally sent over to the at-fault party’s insurance company so that they will have all of the information accessible once we begin negotiations.
A demand letter is our first opportunity to inform the at-fault party’s insurance company what we believe the case to be worth in dollars and cents. For many, this may seem like a cold approach, money being the only remedy. Unfortunately, the justice system does not allow us to go back in time and prevent an accident or bring a lost loved one back to life.
The remedy the courts provide is financial compensation. The way most cases are valued is by calculating the losses and damages and also comparing the information to similar cases that have been awarded jury verdicts or out-of-court settlements. When we send over a formal demand, settlement talks have begun to initiate. Often, we will give the insurance company a deadline on how long they have to respond.
The length of the negotiation process depends on a number of variables. For instance, if a client is still treating their injury through physical therapy or some other form of treatment – then the process may take a little longer because we don’t know exactly how many bills they will have at that moment in time. However, if a client is done with treatment and simply wants to move on with their lives, get their bills paid, be compensated for their pain and suffering, and move on – then the process can move more expeditiously. Every case is unique in its own regard.
If negotiations come to a standstill, a common exercise is for the parties to enter into what is called arbitration and/or mediation. This is where the parties agree upon a third-party neutral to listen to both sides of the case and help the parties arrive at a resolution. At this stage in the game, medication is generally non-binding. This means that if the parties fail to come to an agreement, they can continue to pursue other avenues, such as formal litigation.
If the parties are unable to settle the case in what is called the “pre-litigation” phase, then the next step is for us to formally serve the opposing party with a summons and complaint that later gets filed with the court. This is when official personal injury court proceedings begin. A judge is assigned to the case, and a scheduling order of events is issued.
The discovery portion of a case is when all of the information is exchanged between the parties. This goes above and beyond what has already been exchanged up to this point. The parties can ask specific questions of each other, referred to as “interrogatories.” They may also ask for the exchange of certain physical evidence, such as photographs, bank records, social media posts, and tax records. The parties also have the opportunity to “depose” one another. This is a fancy legal term for a lawyer being allowed to ask the other party questions face to face with a court reporter making an official record of what is said.
At this stage in the litigation, the parties have the opportunity to move the court with certain requests. These requests can be as basic as asking that certain facts be removed from evidence or that the case be thrown out of court in its entirety. This is called a “motion for summary judgment.” This means that one party moves the court to dismiss the entire action because there are not enough facts to prove the case before a jury. This is one of the largest obstacles in any personal injury matter. It is key that the action survives summary judgment in order to continue with the case.
Once summary judgment is overcome, it is common for the parties to again go before a mediator or an arbitrator in order to settle the case. The same process as described above in the medication section applies here. Only this time, the process is court-ordered.
Over 98% of all cases never reach this stage. However, for those that do, there is a certain set of events that must be followed.
A trial first begins with selecting a jury. The jury is made up of men and women that live in the local community. This is called a “jury of one’s peers.” In North Dakota, the most common jury size is a jury of nine people. In selecting a jury, the attorneys are able to remove prospective jurors if they are able to show that the particular juror has a bias towards a certain aspect of the case. Other factors, such as health problems or familial obligations, can play a role in who stays and who gets kicked off of the jury.
Once a jury is selected, each attorney has an opportunity to make an opening argument. This is their first chance to describe the case and their position to the jury. The plaintiff goes first, followed by the defense lawyer.
Each side then has the opportunity to present their case in chief by calling witnesses and presenting evidence to the jury. The opposing attorney also has the chance to cross-examine witnesses and dispute any evidence. After the jury has heard all of the evidence, the attorneys have one final chance to plead their case through what is known as “closing arguments.” The judge will then issue specific legal instructions to the jury, who then retire to the jury room to decide the outcome of the case.
Once the trial has been completed, a party may have a right to dispute rulings made by the trial court judge through motions or appellate work. If the judge is overruled by the appellate court, the case may have to be re-tried in its entirety.
The most important rule to consider for any personal injury case is whether the statute of limitations has passed. For most personal injury cases such as car accidents, truck accidents, and slip and falls – the statute of limitations is six years. However, wrongful death cases have only a two-year statute of limitation.
Other important rules established by both the courts as well as the legislature have to do with damages. That is, the amount of compensation a party may be awarded for a specific injury. For medical malpractice cases, there is a limit as to how much a plaintiff may recover for non-economic damages. These types of damages include pain and suffering, humiliation, and permanent disfigurement. In North Dakota, the cap is $500,000.00. Additionally, any award for economic damages that exceeds $250,000.00 may be reviewed and altered by the court if they find the award to be unreasonable.
We handle personal injury cases on a contingency fee basis. Meaning that if there is no recovery, there is no fee. Contact our office today to schedule your free consultation.
The Statute of Limitations refers to how long you have to file a claim against the at-fault party after the accident occurs. In North Dakota, you have six years to file a court case after an injury and two years to file a court case after a wrongful death. There are exceptions to this rule. For example, if a child is under legal age or if the injured party is in a coma for an extended period.
With offices located in Fargo, Watford City, Williston, Minot, and Bismarck, the personal injury lawyers of Sand Law PLLC are strategically positioned to handle cases throughout the state of North Dakota. We have the resources necessary to follow your case all the way through to the end, meaning we will not fold, and we will not buckle at the idea of a lengthy or complicated case. We focus on quality representation that actually protects our North Dakotan clients and their families.
Contact us today by calling 701-394-4744 or by filling out our contact form.
North Dakota, and its sister state South Dakota, is widely known for attracting motorcycle riders from all over the country. A good portion of riders resides right here at home in North Dakota. Since 2009, North Dakota has seen the number of licensed motorcycle riders increase by 36%.
We have a beautiful state for riding. And many people take advantage of that. Unfortunately, thousands of motorcyclists die each and every year in the US and North Dakota. It’s a dangerous hobby that can come with some serious consequences. There may not be as many motorcycle accidents as there are car accidents. However, motorcycle accidents tend to be deadlier than the average car accident. Motorcyclists aren’t provided with the protection a car offers. Typically, wearing a helmet is the only protection motorcyclists have to protect their heads. Because of this, riders are often:
If you or a loved one were injured in a motorcycle accident in North Dakota due to another’s negligence, you can seek compensation for your damages, like medical bills, lost wages, and pain and suffering.
When choosing an attorney, selecting one that has taken on multiple motorcycle accident cases in the past with success should always be your number one priority. You want to select an attorney that has experience specifically with motorcycle accidents and not just motor vehicle accidents. There’s more knowledge required when representing a motorcycle accident victim.
When choosing an attorney, selecting one that has taken on multiple motorcycle accident cases in the past with success should always be your number one priority. You want to select an attorney that has experience specifically with motorcycle accidents and not just motor vehicle accidents. There’s more knowledge required when representing a motorcycle accident victim.
Sand Law has years of experience working on and winning motorcycle accident cases. And we have a wealth of knowledge about how these cases work. We’ll be able to call out any use of unfair motorcycle bias used by the insurance company as a way to prevent you from getting your full compensation. We’ll also be able to educate the judge and jury about motorcycle accident cases to prevent unfair motorcycle bias from being used in court.
Our extensive experience working with insurance companies will be invaluable to your case. Insurance companies keep a record of attorneys that they’ve dealt with. So if you select a settlement mill to represent your case or an attorney known for settling low and early, the insurance company won’t offer you much money. We have a reputation for negotiating high settlements. And we put up a fight for our clients to get you the compensation you deserve.
Part of what makes an attorney successful is their access to top experts, including accident reconstructionists, medical experts, and more. Hiring these experts is expensive. But an experienced attorney who is determined to win your case will have the funds to make it happen. At Sand Law, every case we take on receives our full attention. And we will hire whatever experts possible to make sure we have a solid case built.
And finally, our successful track record of recovering compensation for other motorcycle accident victims. We can show you concrete evidence of our previous case wins of cases similar to yours. If your attorney can show you evidence of their previous successes, don’t hire them.
Motorcycle accidents are caused most frequently by driver negligence. Negligence occurs when someone doesn’t take proper care in performing a task. In this case, driving. Negligent acts while operating a passenger vehicle can include:
Just like with other types of motor vehicle accidents, there are many different types of motorcycle accidents, including:
A head-on accident occurs when a car strikes a motorcyclist straight on, usually with the front of their car to the side or front of the motorcycle. Head-on motorcycle accidents are by far one of the most dangerous types and can cause the most damage since head-on collisions almost always happen at significant speeds and cause the rider to go flying.
Rear-end accidents occur when a vehicle rear-ends a motorcycle. Depending on the speed of the car, these accidents can range from mild to severe. A gentle tap might not cause an injury, but if a car driver is distracted and going full speed, they could cause severe or even deadly damage.
When the driver of a passenger vehicle parks on the side of the road, it is their responsibility to check oncoming traffic before opening their door. If they don’t check oncoming traffic, they could open their door into a motorcyclist. In many cases, a car door opening motorcycle accident is caused when a car door opens without giving the motorcyclist enough time to course correct, causing them to crash into the door. These types of accidents can cause crushing injuries, internal damage, and extremity injuries.
No-contact accidents occur when a motorcyclist gets into an accident due to another person’s actions, even though the two vehicles never made contact. This can occur in many different ways, for example, if a car gets too close to a motorcycle and causes them to swerve off the road. No-contact motorcycle accidents can also be caused by something like a pothole in the road which may be the fault of a local municipality if they were well aware of the hazard and chose not to fix it.
Hit-and-run accidents occur when a cyclist is hit by another motor vehicle, and the person who hits them leaves the scene without stopping. These cases can be tricky, as it’s sometimes hard to prove that the car was even there to cause an accident. However, in the world we live in, a good attorney can help to track this information down using cameras, GPS information, witness testimonies, and expert testimonies.
If, for some reason, we are unable to find the person who hit you, you may be able to use your own auto insurance and health insurance to cover your damages. An attorney will be able to help you devise the best plan.
Drunk driving accidents occur when one of the parties is intoxicated by alcohol. Car drivers who are intoxicated can cause severe or deadly injuries due to their recklessness. However, motorcycle riders can just as easily be responsible for a car accident if they are riding while intoxicated. In these instances, it would be the driver who could have a valid claim against the rider for damages.
Depending on the cause of the motorcycle accident, there are many injuries that could occur. Common injuries from a motorcycle accident include:
A traumatic brain injury occurs when the head is struck or penetrated with great force. When someone is thrown from their motorcycle during an accident or falls off, they can hit their head on the asphalt. While wearing a helmet will diminish damage to the head, it doesn’t completely prevent it.
TBIs can greatly change a person’s life, as they can lead to permanent brain damage, causing memory loss, loss of certain abilities, and loss of motor function, depending on where the brain is damaged. They result in high medical costs and ongoing treatment.
When a car strikes a motorcyclist on the side, the impact to the middle of the body can be extreme, causing a spinal cord injury. A spinal cord injury occurs when there is damage to any part of the spinal cord or the nerves at the end of the spinal cord.
Because spinal cord injuries can cause paralysis, they will greatly affect one’s life. A victim of a spinal cord injury may have to purchase medical equipment, such as a wheelchair, receive expensive medical treatment, and have construction done to their house to make it more disabled-friendly. On top of that, most spinal cord injury patients require lifetime treatment and physical therapy to manage the pain and discomfort associated with their injuries.
Motorcyclists don’t have much protection, especially for their lower extremities. When they’re hit, it’s possible to have a limb broken, crushed, or amputated on impact. If a crush injury occurs and the limb isn’t amputated on impact, it may need to be amputated by a medical professional if the damage is too severe.
Back and neck injuries include whiplash, herniated discs, spinal cord injuries, lumbar sprains, and facet joint injuries. Neck and back injuries vary in severity and can lead to chronic pain that requires consistent physical therapy.
Internal injuries occur when the body is struck with great force. Damage to the organs and internal bleeding, and forms of internal injuries. They may not be apparent at first and can get worse if you don’t receive early medical attention.
Breaks and fractures are usually minor, only requiring the setting of the bone and a cast to make sure that they heal properly. More severe breaks, such as shattered bones or breaks in multiple places, require surgery and physical therapy. Physical therapy is needed, especially in the case of intensely broken bones, as your body may forget how to walk if you’re off your feet for too long.
Road rash is incredibly common in motorcycle accidents. Road rash occurs when skin scrapes against the asphalt, causing the skin to scrape off. Severe road rash may require a skin graft in order to heal properly and can leave the injured with scars and disfigurement. Severe road rash can also result in nerve damage and chronic pain.
If you’re not wearing a helmet and other protective gear while riding your motorcycle, you’re more likely to suffer a severe injury if you get into an accident, so it’s important to remember to wear your helmet and protective gear.
If you’re involved in a motorcycle accident, the first thing you should always do is seek medical attention if you are injured. Make sure that everyone else is okay if you’re able to. If you can, move your motorcycle out of the roadway and contact the police. If you can do the following– or if are seriously injured and need to be transported by ambulance, try to have a trusted person perform the following:
Seeking immediate medical attention is important, as insurance adjusters often use delayed treatment as a reason to deny claims. They may claim that your injuries weren’t that serious if they didn’t require immediate medical attention. They may also claim that they can’t link your injuries to the accident because of the gap in care. To avoid these potential issues, seek medical attention immediately after leaving the scene of the accident.
Receiving compensation for your injuries is the main reason that people file a lawsuit. We know that you’re eager to recover the damages from your accident, and we can help to ensure that you receive the money that you deserve.
Current Medical Expenses: You can receive compensation for the medical expenses that you’ve already incurred, such as ambulance rides, surgery costs, doctor’s visits, hospital stays, and physical therapy. You may also be able to recover damages associated with medical equipment costs. If you need to make changes to your home to accommodate medical equipment such as wheelchairs, beds, or oxygen machines, you may be able to receive compensation for those damages as well.
Future Medical Expenses: If your doctor believes that you’ll require further medical attention after your case, you’ll be able to recover damages for future medical bills, including costs associated with doctor’s visits, medical equipment, physical therapy, and more.
Lost Wages: When you’re recovering from an injury, you may be required to miss work. You can recover the income that you didn’t receive while you were out of work.
Pain and Suffering: Pain and suffering damages are awarded based on how much your quality of life has changed before and after the accident. The greater the change to your quality of life, the more compensation you’ll receive.
Wrongful Death Damages: If you’re filing a lawsuit on behalf of someone who’s passed away, you can recover damages such as pain and suffering, medical bills, lost wages, funeral costs, burial costs, and more.
Other General Damages: If the accident caused you to lose a partner or caretaker, you can claim further compensation for this as well.
If you were injured in a motorcycle accident in North Dakota and you believe the accident was caused by someone else’s negligence, contact the experienced motorcycle accident lawyers at Sand Law today. We’re ready and willing to help you get the compensation you need to fully recover from your accident. Please call us at 701-394-3912 or contact us online.
Motor vehicle accidents occur every day in North Dakota. There are many traditional factors, such as North Dakota’s often unpredictable weather, that play a factor in how many accidents occur during a given time. During the winter, snowstorms create hazardous driving conditions that can cause car accidents. Spring brings with it not only April showers but slick roads that can be bothersome for drivers. Summer and fall have their own effects on driver safety as well.
It’s true that over the years, safety improvements to both roads and vehicles have reduced the number of serious injuries compared with a few generations ago. However, new distractions such as texting and driving, the use of electronic devices while behind the wheel, and other negligent acts still cause serious, injury-producing motor vehicle accidents on a regular basis.
The car accident lawyers at Sand Law are experienced in fighting against insurance adjusters and defense attorneys to secure the compensation you deserve.
If you have been injured in a car accident, you have the right to seek compensation for your losses and injuries. In the law, we call these damages. Under North Dakota law, if you have been involved in a car accident and sustained damages – you can recover monetary compensation for pain and suffering, emotional harm, disfigurement, and humiliation.
You can also recover damages for medical expenses, lost income, and property damage. The best way to go about enforcing these rights is to hire a car accident lawyer who is familiar with the local court system. There are many ins and outs of the legal system that require the expertise of an experienced attorney.
At Sand Law, we always advise our potential clients that whether they hire us or another law firm – it is imperative to employ the services of a car accident attorney. Whether you were injured in a Grand Forks car accident or a collision in Williston, hiring capable legal representation is essential.
Many of our clients are worried that they will have to be dragged through a long, drawn-out trial. Others are nervous about testifying on the stand in court. The car accident lawyers at Sand Law are here to help you every step of the way and ease your mind.
We are the ones that fight for you in court. If you do have to testify, we prepare our clients for what to expect. You will not be surprised and will feel comfortable with how the process works.
At Sand Law, we pride ourselves on being a litigation law firm. Our approach to auto accident cases is to prepare as if a case is going to trial. However, the vast majority of car accident matters settle out of court prior to trial, either at mediation or at settlement conferences.
At Sand Law, PLLC, our car accident lawyers are determined to achieve positive results for our clients. Fighting the power of the insurance industry requires a proactive approach. We have the experience and knowledge of how adjusters and claims representatives approach their work to anticipate challenges. Insurance companies rely on lawyers to minimize their risk. We level the playing field by providing our clients with zealous advocacy and tenacious representation.
For many car accident cases or personal injury claims, you may be entitled to compensation for things such as lost wages and medical bills. Our team of auto accident attorneys will review your medical records, any police reports, and witness statements and gather evidence from videos to reconstructions as we build your case.
Our law firm has the resources and skills to fight for your best interests across the spectrum of motor vehicle accidents, including:
Insurance companies frequently delay settling injury claims. They know that as you recover, your memories about your current struggles and pain will fade. We work with clients to help them understand the nuances of battling the insurance industry to maximize compensation. We will guide you every step of the way as we prepare for the trial. A strong position at every stage of litigation is strong medicine in solving legal disputes over the harm you have suffered.
Car accidents can be devastating, leaving victims with injuries that could take months to years to recover from. Some people don’t recover from their injuries at all and are left with a disability. Car accidents can also leave people with minor injuries that may still cause pain and suffering, high medical bills, and more.
Traumatic brain injuries are very common in car accidents, as they occur when the head is struck or penetrated with great force. Types of brain injuries include concussion, contusion, anoxic brain injury, and coup, contrecoup, and coup/contrecoup injuries. Coup injuries occur when the head is struck, and the brain is damaged at the site where it was struck.
A contrecoup injury occurs when the brain shifts and strikes the opposing side of the skull, causing damage at the side opposite to the site of impact. A coup/contrecoup injury occurs when the brain shifts back and forth, causing damage at both the site of impact and the opposite side of the brain. These injuries are often misdiagnosed, causing further problems down the road.
Spinal cord injuries occur when the back is struck with great force. This type of injury is incredibly common in rear-end accidents. The higher on the spinal cord the injury occurs, the more severe the consequences of the injury. Damage to the spine may cause either complete or incomplete paralysis. Complete paralysis means that the victim has lost all ability below the site of the injury. Incomplete paralysis refers to a partial loss of movement and sensory ability below the site of the injury.
There is no cure for spinal cord injuries, but they can be treated with different surgeries, injections, and physical therapy. The costs associated with spinal cord injuries can be very high and may last a lifetime.
Broken bones aren’t often serious but may require surgery if the break isn’t clean. A clean break can be set into a cast to heal, but a more serious break will need surgery to make sure that it’s set in the correct position before placing it in a cast. Serious breaks, like multiple broken bones or a bone broken in multiple different places, may require physical therapy after treatment to help the patient get used to walking again.
Burns can be caused by hot metals or a car fire. Serious burns require skin grafts and are at high risk for infection. They also leave the victim with lifetime scars. If the burn occurs near the airway, it could cause trouble breathing and death.
The most common type of soft tissue injury is whiplash. Whiplash is also one of the most common injuries associated with car accidents as it occurs when the neck moves back and forth rapidly. Whiplash and other soft tissue injuries can lead to chronic pain even after the injury has fully healed.
In the case of a catastrophic injury that leads to an amputated limb, a patient may need to spend money on prosthetics and even the cost of amputation. Amputation can occur at the scene of the accident or at the hospital if the limb is beyond saving.
Neck and back injuries include whiplash, a very common injury associated with car accidents, herniated discs, soft tissue injuries, and more. Back injuries can cause a lifetime of back pain and often require physical therapy or surgery to repair the damage.
Internal injuries, like damage to the organs or internal bleeding, often go undiagnosed. After an accident, you may feel a surge of adrenaline that masks the pain of injuries not visible. Internal injuries often require surgery to repair the damage to the organs or stop the bleeding. If left untreated, internal injuries can lead to fatality.
Crush injuries are fairly common in car accidents as the metal of the vehicle can warp when damaged by another car. This can cause limbs, most often the legs and arms, to be crushed. Crush injuries include multiple broken bones and amputation.
There are many different causes of car accidents. Sometimes the cause of an accident is a driver acting with negligence, like speeding or talking on the phone. The driver is doing something they don’t think will cause an accident. However, sometimes drivers are more grossly negligent, doing things that are knowingly risky, like drunk driving or aggressive driving.
Speeding most often causes read-end, sideswipe, and t-bone collisions. A driver may be speeding so fast that they’re unable to stop in time, rear-ending the driver in front of them. Depending on how fast they’re speeding, this could also cause a chain reaction accident, causing the person they hit to hit the car in front of them and so on. Speeding may also cause accidents if a driver is weaving in and out of lanes on the highway. Speeding while changing lanes can lead to a sideswipe accident if a driver isn’t paying close enough attention.
Distracted driving doesn’t just include texting. It also includes talking on the phone, using a GPS, talking to someone in the back seat, looking for something in the back seat, and generally doing anything that will keep your eyes, ears, and mind off the road. When people think of distracted driving, they most often think about physical distractions, like texting or eating, but mental distractions can cause crashes too. For example, daydreaming or just generally not paying attention can cause an accident to occur.
Driving with a blood alcohol concentration of .08% or higher is considered drunk driving in North Dakota. Drunk driving is an incredibly dangerous act that puts everyone on the road, including the driver, at risk. Driving while intoxicated can cause slow reaction times and distraction. Drunk drivers may also have a hard time paying attention and tracking other cars on the road or get easily distracted by headlights, streetlights, and more.
Many people don’t think that driving while tired can cause an accident, but that’s completely untrue. Driving while tired is dangerous, as falling asleep at the wheel is a hazard for all drivers on the road. Tired drivers may close their eyes for just a second, not even knowing that they’re falling asleep, and then wake up because of a crash that they caused.
Reckless and aggressive driving includes road rage, cutting people off, and intentionally trying to hit other vehicles. An accident may occur if someone cuts someone off too quickly or even sideswipes their car on purpose. This is considered to be grossly negligent.
Rarely a car accident will occur because of a defective car part. This could mean failed brakes, a steering malfunction, or another issue with the car. In these cases, it could be the fault of the manufacturer of the vehicle. However, this is only true if the car has been kept in good condition by the driver.
If the vehicle hasn’t been kept in good condition by the driver and an accident is caused by failed brakes or other maintenance issues, the driver could be liable for the accident, especially if they knew that they needed to get their car serviced.
The different types of car accidents are categorized based on how one vehicle impacts the other. Different accidents can cause different injuries, and some types of car accidents are more dangerous than others.
A head-on collision occurs when the front of one car collides with the front of another car. Head-on collisions are pretty rare, but they can cause fatalities because of where the driver is located. These accidents might occur if one driver is driving in the wrong direction or if they veer into oncoming traffic.
Rear-end accidents, unlike head-on collisions, are common. These accidents occur when the at-fault driver doesn’t stop fast enough, hitting the car in front of them. This can commonly cause whiplash or spinal cord injuries. These may occur at stoplights when a driver doesn’t come to a stop quickly enough or at a high speed if the driver is distracted. Rear-end accidents are almost always the fault of the driver doing the rear-ending.
T-bone collisions most often happen at intersections and stop signs. If a driver runs a red light or a stop sign, they could hit a driver who’s following the rules of the road. Depending on which side of the vehicle is hit, the results of these accidents can be devastating.
Sideswipe accidents occur in busy cities and on crowded highways when one driver skims the side of another driver’s car. This could be a parked car on the side of the road or a vehicle in the next lane over. The severity of these accidents depends on how fast the vehicles were going and what side of the vehicle the accident occurred on.
Chain reaction crashes happen when someone is rear-ended at a high speed, causing the vehicle that was rear-ended to move forward and slam into the vehicle in front of them. These accidents can be tricky, as multiple parties are involved. They can also cause serious injuries, as the driver of the middle car will face impact from both behind and in front of themselves.
Ridesharing has completely changed the transportation industry, making it easier and more convenient than ever for computers to find a ride and for individuals to earn money driving. However, one of the main drawbacks that companies like Uber and Lyft now face is that more and more rideshare accidents are occurring, and it is unclear who is responsible and how injured victims should be compensated. If you have been involved in a rideshare accident, you should consult a qualified Uber and Lyft accident lawyer to learn your rights and options.
Injury claims involving Uber and Lyft collisions require a special kind of experience and legal skill. At Sand Law, we have obtained large settlements and fair compensation for rideshare injury victims.
You may be able to file an injury claim after a rideshare accident if you were:
If you were hurt in an accident involving a rideshare company in North Dakota, then contact the Sand Law PLLC. We have extensive experience recovering compensation for Uber and Lyft accident victims. Contact us by filling out the form below or by clicking on our phone number in the header.
Medical expenses include costs for hospital or emergency room visits, visits to your regular physician or a special physician, surgery costs, physical therapy, treatment, ambulance rides, and more.
When you’re involved in an accident that results in injuries, severe or otherwise, you’ll be required to take time off of work to receive treatment and recover. You can recover the wages that you lost while you were out of work. You can also recover damages for loss of earning capacity, which means you are no longer able to work your job anymore because of the injuries you sustained.
Pain and suffering compensation is calculated based on how much your life has changed before and after the accident. Depending on how much you’ve been through and how much the injuries have impacted your life, this compensation could be higher or lower. The more your quality of life has changed because of the accident, the more compensation you’re likely to receive.
Punitive damages are rare. However, some parties still receive them. Punitive damages are given out as a punishment to the at-fault party. They’re given out when the at-fault party has acted with gross negligence and are used to prevent the at-fault party from committing the same act again in the future.
Property damage in a car accident often only means damage to your vehicle. In the event that your insurance doesn’t cover the damage or total loss of your vehicle, you can claim further compensation for repairs or the cost of a replacement vehicle.
If your loved one was killed in a car accident, you may be able to file a wrongful death claim on their behalf. A wrongful death claim can seek to recover compensation for damages left behind by the deceased and damages caused to the family. This may include medical bills or funeral expenses from the person who was killed or pain and suffering and lost wages from the surviving state.
The personal injury lawyers at Sand Law have office locations in Fargo, Bismarck, Minot, Watford City, and Williston. We are conveniently located to serve all of North Dakota. To arrange a no-pressure consultation with a top-rated injury attorney, please send us a message online or call 701-609-1510. There is no fee unless we obtain compensation on your behalf.
Semi-trucks, tankers, cargo trucks, tractor haulers, and other commercial trucks in North Dakota can cause catastrophic injuries when they collide with a passenger vehicle. Dangerous conditions, improper loading, and negligent drivers can all increase the risk of a truck accident which is why it’s critical that everybody do their part to keep our roads safe.
The truck accident attorneys at Sand Law are experienced in negotiating with insurance companies and litigating claims to get you the compensation you deserve. We handle commercial truck accidents that happen on North Dakota’s highways and roads, in the oil fields, and those caused by farming equipment and harvest season.
The unfortunate fact is that semi-trucks are a major cause of motor vehicle accidents in North Dakota. In fact, North Dakota has one of the highest fatality rates in the nation when it comes to trucking accidents. In 2018 (the most recent year there is data for), trucks were involved in 23% of all fatal crashes in North Dakota.
This is mostly due to the fact that North Dakota has a lot of industries that require trucking. In 2016, the trucking industry in North Dakota provided 1 out of 11 jobs in the state. This directly translates to North Dakota being one of the most fatal states in the country when it comes to truck accident deaths. Data from the NDOT reports 6.5 fatal accidents per 100,000 residents in ND, which is more than 5 times higher than the national average.
About 10.5 million large trucks are moving all kinds of goods in the US. And as US consumerism grows, so will trucking. It’s estimated the need for trucking will grow by about 29 percent in the next decade.
North Dakota faces the same challenges that all 50 states experience when it comes to truck accidents, but we also have some unique risk factors. Some of the most common causes of truck accidents in North Dakota include the following:
Texting, eating, talking on the phone, or talking to a passenger are just a few examples of ways that drivers are distracted. Looking away from the road for even a second can cause an accident to occur.
Severe weather conditions such as rain, snow, sleet, black ice, and hail can make driving much harder. Truck drivers must be properly trained in driving in these weather conditions to prevent an accident from occurring.
Commercial trucks already require more time to stop than passenger vehicles, making speeding especially dangerous. If someone were to slam on their brakes or pull out in front of a speeding truck, the truck might not be able to stop in time.
Truck equipment should be maintained properly by the truck owner (either the trucking company or a rental company). If the owner fails to properly maintain the equipment, it could cause an accident.
North Dakota roads can be dangerous. With the changes in the season, drivers need to have experience with not only rainy and icy conditions but also the harvest season.
Drivers who aren’t fully trained shouldn’t be on the roads at all. Under-trained drivers can cause accidents with their ignorance, and both they and their employer could be liable.
Truck drivers are required to follow strict rules that tell them when and for how long they’re allowed to drive. Breaking these laws can result in driver fatigue and exhaustion.
Driving while under the influence of alcohol can limit one’s ability to drive properly. Being drunk can cause drivers to speed, not pay attention, swerve, drive aggressively, and more. A drunk driver behind the wheel of a commercial vehicle could cause serious damage to themselves and others.
Driving under the influence of drugs can cause impaired vision, hearing, and critical thinking. Truck drivers may take drugs to help keep themselves awake, but it does more harm than good.
Improper loading, like not tying cargo down correctly, can cause a shift in weight while driving, causing a rollover accident.
Overloading a truck can be just as bad, which is why there are often weigh stations on highways to ensure that trucks aren’t overloaded. Overloading a truck places a strain on the axles and other mechanical components of the truck, making it harder to control.
Now that we can clearly see that truck accidents are a problem in North Dakota, we can address what type of injuries they cause.
Smaller passenger vehicles are no match for heavy commercial trucks when they collide. This is directly due to the size and weight difference. This means that it’s mostly the passengers in the smaller vehicle that are injured during these collisions. Some common injuries that victims of truck accidents suffer from include:
Traumatic brain injuries (or TBIs) are caused by a great force or penetration to the skull. They can result in injuries that range from mild to severe. Victims of severe traumatic brain injuries can expect long-term treatment and high medical bills.
Whiplash is one of the most common neck injuries associated with motor vehicle accidents. Other neck and back injuries include soft tissue damage, herniated discs, and spinal cord injuries. Neck and back injuries often cause chronic pain.
Crushing injuries are common in truck accidents because of the sheer impact a commercial vehicle can cause. Crushing injuries can cause various injuries at the same time, most often severely broken bones in multiple places.
Spinal cord injuries can range in severity and are often more severe the higher up on the spine the injury occurs. Spinal cord injuries may result in complete or incomplete paralysis. Spinal cord injuries are known for being incredibly expensive, as there’s no known cure. That means that they often require life-long treatment for pain management.
Internal injuries include damage to the organs and internal bleeding. These injuries require immediate treatment and can cause one to bleed out. Internal injuries may be unseen, which is why it’s important to receive medical treatment after an accident, even if you don’t believe that you’ve been injured.
Burn injuries may occur because of an explosion or fire. While they’re not common in truck accidents, they do occur. Trucks that carry hazardous materials are more likely to cause fires and burn injuries. Severe burns may require a skin graft and may leave the victim with visible scarring.
Soft tissues are usually minor, but more severe injuries are possible. Soft tissue injuries include torn ligaments and tendons, as well as sprains and strains. More severe injuries can cause chronic pain that flares up when the area is overused.
Unfortunately, wrongful death can occur because of truck accidents. Because commercial trucks are so large, fatalities can occur on impact. Death may also occur later on because of complications with injuries sustained in the accident.
There are a few different types of truck accidents that can occur based on the cause and involved parties. The most common types include:
These injuries can have long-lasting consequences and cost injury victims hundreds of thousands of dollars. Victims of extremely severe truck accidents often need surgery, rehabilitation, extensive assistive and rehabilitative care, and expensive medications.
Even less severe North Dakota truck accidents can cause injuries such as lacerations, concussions, sprains, lacerations, and more. All these injuries are debilitating and can be costly to treat.
These physical injuries are devastating. What is often just as devastating is the pain and suffering that commercial truck accident victims endure. These injuries can be just as difficult to overcome.
To receive compensation for your truck crash injuries, negligence must be proved. This may be the truck driver’s negligence, the company’s negligence, or the truck manufacturer’s negligence. These third parties may be liable for injuries caused in a truck accident. Proving negligence is a multi-step process that starts with establishing the following:
In a truck accident case, parties other than the driver may be liable for your injuries and damages. Potential third parties include the trucking company, the loading company, the truck rental company, or the manufacturer of the vehicle or a specific part. In some cases, multiple parties may share liability. Here are some examples:
Unfortunately, physical injuries are extremely common after North Dakota tractor-trailer accidents. A thorough review of a victim’s medical records by an auto accident attorney is essential for any personal injury case, especially one involving a large truck. Fortunately, it is possible to recover compensation for the damages caused by these injuries, like:
Having solid evidence is crucial when building a truck accident case. Most denied claims are rejected because of insufficient evidence. Types of evidence we’ll use to build your truck accident case include:
The North Dakota Truck Accident Law Firm of Sand Law PLLC handles cases in Bismarck, Fargo, Minot, Watford City, Williston, and throughout North Dakota. Our injury attorneys have the resources and experience to handle your truck accident case in a compassionate, personal, and effective manner.
If you or a loved one have been injured in an accident involving a commercial truck, contact the Sand Law office or call 701-609-1510 for a free consultation.
When you think of a tailgating accident, the first thing that might come to mind is a minor fender-bender, one that doesn’t cause anything but a little bit of damage and annoyance. But tailgating accidents can actually be very serious, leading to significant injuries.
At Sand Law, we have a team of attorneys who are experts in car accident cases. Once you get in touch with us, we will listen to the details of your collision, and may be able to give you a general idea of how much compensation you may be able to receive. While we can’t promise you’ll obtain a certain amount of money, we can promise that we’ll fight to get you everything you deserve.
If you would like to schedule a free review of your case, please get in touch with us by contacting us online or calling 701-609-1510.
While most drivers observe safety precautions while on the road, there are plenty of others who don’t. Whether they’re in a hurry to get someplace, or they simply don’t care, aggressive drivers tend to tailgate. However, this is very, very dangerous behavior, and could result in a devastating accident.
It really doesn’t matter what the weather conditions may be – tailgating is reckless. But when the road is wet, such as after the first snow of the season, the risks of a severe crash get even higher.
Following too closely is a recipe for disaster. When a car is traveling at 60 mph, it will need nearly 250 feet in order to come to a complete stop. Larger vehicles, such as semi-trucks, need much more distance. If the car in front has to stop suddenly for whatever reason, that could easily lead to a collision.
The consequences of tailgating can be horrible. The injuries associated with tailgating accidents can change people’s lives for years. When tailgating causes a chain-reaction collision, drivers will not only be hit from behind, they’ll also slam into the vehicle in front of them.
These are just some of the injuries that can result:
If you’ve been involved in any sort of car accident, whether or not it involved tailgating, it will be essential that you get medical attention as quickly as possible. If you wait, your condition could easily worsen. Also, delaying medical help could also damage your case, making it much harder for you to obtain fair compensation.
Some people are honest – almost to a fault. They’ll immediately assume they were to blame for a car accident, even though they clearly weren’t. Never admit any sort of fault to anyone – not the other driver, not the police officer, not even your family or friends. If you do, your words will eventually be used against you.
But if you believe the other driver was to blame, you’ll need strong evidence in order to prove your case and have the best possible chance of winning. These are just a few of kinds of evidence you’ll need:
If you can, take photos or videos of the accident scene using your smartphone. Our attorneys will use that evidence during our investigation of the collision, and possibly determine who was to blame. We could also bring in an accident reconstruction expert if necessary to provide the most accurate picture possible of what happened.
Take photos of any skid marks you see as well. This will give us a good idea of how soon the driver who hit you applied your brakes – which could show that the driver was following you too closely.
One of the reasons why it will be so important to hire an attorney as soon as you can is that skid marks can quickly disappear due to traffic, rain and other reasons. The faster an investigation starts, the better the chances we’ll be able to gather the evidence needed to win your case.
If your accident resulted in injuries, a police officer likely appeared to conduct his or her own investigation into why the crash happened. Afterward, the officer filed a police report. There are typically a lot of possible causes of a car accident, and this report will go a long way toward determining fault.
Witnesses can also be key to proving your case. If you can, try to find anyone who saw the wreck, and will be willing to give their statements. Make sure you get their contact information and we’ll get in touch with them to find out more.
It’s definitely asking a lot to try to do all of the above. You could have not only been emotionally traumatized by the accident, you may have also been severely hurt.
If you can’t take photos or witness statements, there’s still a good chance a nearby security camera contains footage of the wreck. That camera could have been at a nearby gas station or some other kind of building. If that’s the case, your attorney will work to obtain that footage and strengthen your case.
You’re probably going through a lot of pain and stress after your tailgating accident. The most important thing will be to seek medical attention immediately, and then contact your insurance company. You’ll also need the contact information of the other driver.
It will also be just as important to hire an attorney, because there’s a good chance either your insurer, or the insurer of the at-fault driver, will make it hard for you to get the money you deserve. Your legal representative will work to make sure you obtain fair compensation.
The attorneys with Sand Law will be ready to help if you’ve suffered an injury in a tailgating accident due to someone else’s negligence. We’ll work to obtain a fair settlement on your behalf, but we’ll also be ready to go to trial and prove your case if needed.
Schedule a free consultation by contacting us online or giving us a call at 701-609-1510.
Any type of distracted driving can result in tragic consequences, including texting while driving. You might consider yourself a master at sending a text quickly. But taking your focus off of the road for just a few seconds could lead to a terrible accident. In the vast majority of instances, people send texts that could easily wait until they get to their destination.
The attorneys with Sand Law have seen the results of texting while driving. The short version is that they’re horrible. If you’ve suffered an injury, or you’ve lost a loved one due to an accident caused by a texting motorist, please don’t hesitate to get in touch. We’ll tell you exactly what to expect throughout the process. And we’ll do everything we can to help you obtain the compensation you deserve.
You can get in touch with us online for a free review of your case, or you can give us a call at 701-609-1510.
Approximately 390,000 people are injured in the United States each year in accidents caused by texting while driving. In 2018, more than 4,600 people died in accidents related to cell phone use.
Texting while driving accounts for an estimated 1.6 million vehicle accidents every year. Incredibly, 20% of all U.S. drivers say they’ve sent a text or an email while driving at one time or another. About 25% of all car accidents involve the use of a cell phone.
Texting while driving statistics are hard to come by for North Dakota. There were 1,066 distracted driving violations posted to the North Dakota Driver’s License system database in 2020. Needless to say, with how common texting while driving is, cell phone use behind the wheel likely plays a large role in motor vehicle accidents across the state.
Just like in about every other state (except Missouri and Montana), you can’t legally text while driving in North Dakota. If you’re caught, you will face a $100 fine.
There are a lot of different types of accidents that can occur due to texting while driving. These are just some of the examples.
While people text and drive no matter what their age may be, the problem appears to be particularly pervasive among teenage drivers. Researchers analyzed the findings of a Youth Risk Behavior Survey, which traced the behaviors of students of high school age throughout 35 states. The results of the analysis were published in the Journal of Adolescent Health. According to the researchers, 38% of the more than 100,000 teenagers surveyed admitted that they texted while driving. Of the respondents who were 18 or older, 56% of them admitted to texting while behind the wheel.
The researchers also broke down the responses across different states. They found that more than 50% of North Dakota teenagers said they sent a text or an email at least one time while driving in the previous month. North Dakota was one of four states with a response rate this high. The other three states that round up the top are Nebraska, Wyoming and Montana. Only South Dakota, with a 64% response rate, was higher.
Teens who text and drive are also more likely to engage in other risky behaviors while behind the wheel, according to the study. For example, teens who don’t wear a seatbelt are 21% more likely to text or email while behind the wheel. And the ones who drink and drive are 91% more likely.
This paints a concerning picture, to say the least. If more than 50% of teens admitted to texting while driving, how many more are actually doing so?
If you’ve suffered an injury due to an accident caused by a negligent driver, you’re more than likely going to be entitled to compensation for damages, or monetary losses. These will likely include medical expenses, as well as lost wages because you’ve had to miss time from work. A skilled attorney will work to help you obtain that compensation from the insurance company of the negligent driver. Your attorney will also look for other parties that contributed to the accident.
At Sand Law, we have an extensive track record of success helping clients who’ve suffered damages due to negligent drivers who decided to send a text while they were behind the wheel. If you would like to learn more about how we may be able to help, please get in touch with us as soon as you can. Contact us online or call 701-609-1510 for a free consultation.
It might be understandable that teenagers get into their share of car accidents, but that doesn’t make those accidents any less severe. There are a lot of reasons teens cause car wrecks. They might be distracted, or they might not know how to drive on icy roads. No matter what the cause, when a wreck happens the consequences can be horrible.
Sand Law attorneys will be here for you if you’ve suffered an injury due to an accident caused by a teen driver. We’ll work to determine all the potentially liable parties so that you have the best chance of getting the money you need for your medical bills, any lost wages you’ve incurred, and other expenses. Please call 701-609-1510 or use our online form to schedule a free review of your case.
Here’s an overview of how often teenagers are involved in car accidents, why these accidents occur, and how we may be able to help if you’re injured due to a collision caused by a teen driver.
An accident involving a teenager can happen anywhere, just like any other kind of car wreck. It can happen because a distracted teen ran a red light at an intersection and T-boned another vehicle, or was goofing around in the car with friends. Here are just a couple of the more common reasons teens cause car accidents.
Teens don’t typically do as good a job of focusing on the road and their surroundings as more experienced drivers. They can become distracted very easily, and cause an accident as a result.. In fact, it’s estimated that 60% of accidents involving teens are due to distracted driving. These are just some of the ways these distractions occur:
The simple fact is that teens just haven’t been behind the wheel as long as more seasoned drivers, and they’ll be more prone to make mistakes. They’re not used to driving on snowy roads, and they might not recognize other hazards as quickly as a more experienced motorist.
There are actually a lot of things parents can do in order to reduce the chances their teen will cause a car accident. Here are a few to keep in mind.
Hearing their child has been in a motor vehicle collision is one of the worst pieces of news a parent could ever receive. If this happens to you, try to remain as composed as you can. Ask your child if they or anyone else has been hurt, and call 911 as soon as you can. Find out where the accident occurred so you can tell the emergency dispatcher.
Also, tell your child to move the car to a safe spot if they can, such as a nearby parking lot or the shoulder of the road. If the car won’t move, tell the teen to stay in the vehicle with their seat belt fastened and turn on the hazard lights.
Deciding how much a car accident claim is worth can get more complex when it involves a wreck caused by a teenager. There may be multiple parties that are liable for the damages an accident victim incurs. If the parents allowed the teen to drive – even though they knew that teen couldn’t do so safely – then you may be able to take legal action against them.
As with any car accident case, however, you’ll need evidence in order to prove your case. A skilled attorney can help collect that evidence, such as video footage from security cameras that might show what happened.
Car accident injuries affect accident victims of all ages, of course. This is just a partial list of the injuries that can have permanent consequences.
A T-bone accident is called that because the vehicles involved typically form the shape of a T. This kind of accident, which will usually occur at an intersection, can lead to devastating injuries. In a lot of instances, a T-bone accident takes place because of negligence on the part of the driver whose vehicle plows into the side of the victim.
The attorneys with Sand Law have built a reputation on successfully representing car accident victims with the highest levels of integrity and professionalism. We provide personalized service, and will always be here when you need us. In addition, our attorneys are skilled negotiators who know how to maximize our clients’ compensation.
Learn more about us by contacting us online or calling 701-609-1510 for a free consultation.
A T-bone accident isn’t really that different from any other collision in that it can occur due to several different reasons. Here’s a small sample of the potential reasons T-bone accidents take place.
It will be important to contact an attorney as soon as possible if you’ve been involved in this kind of car wreck. Your attorney will work to help you compensate for the injuries and property damage you’ve incurred.
There are some instances where a T-bone accident is fairly minor, such as when the two cars are traveling slowly through a parking lot. It could even happen while someone is backing out of their driveway.
Most of the time, though, the vehicles involved are moving at much higher speeds. An intersection is a particularly dangerous location for a T-bone accident, because someone was trying to speed up to avoid a red light and caused a violent collision in the process.
Like any car accident, a T-bone collision can result in severe injuries or deaths. These are some of the injuries that will typically occur.
You might think that it would be easy to prove the other driver was at fault for your T-bone accident, but it’s actually anything but. In order to build the strongest case possible, you’re going to need hard evidence. That evidence will go a long way toward determining who was to blame. Sometimes both drivers are partially to blame, other times a manufacturer defect leads to a collision. This is a brief explanation of each scenario.
As stated earlier, you’re going to have to produce strong evidence in order to have the best possible chance of winning your case. If you don’t, that’s going to make it almost impossible for you to ever recover financially. You won’t be able to pay for medical bills, medications, and anything else you may need in terms of treatment, and you’ll never make up the lost wages – both now and in the future – that you may incur.
Your best chance of producing that evidence will be to hire a skilled attorney. Your legal representative will fight to help you get the money you deserve. Keep all documentation of your medical bills, as well as proof of your salary. If you were able to take photographs or videos at the accident scene, those would be incredibly powerful. But if you couldn’t (which would obviously be understandable if you were seriously hurt), an attorney may be able to find footage from any nearby security cameras that captured the accident.
There are other reasons to hire an attorney as soon as you can. You’re already going through a lot of pain and stress – adding to that stress by trying to handle your case on your simply won’t be healthy. Maximizing your compensation will very likely involve negotiating with insurance company adjusters and having to produce mountains of documentation. Attorneys know how to do both, taking the burden off of your shoulders so you can focus on your physical recovery.
Please get in touch with Sand Law and let one of our skilled attorneys fight for your legal rights. Use our online form or call 701-609-1510 to schedule a free case review.
More than 9,000 people lost their lives in 2018 due to automobile accidents caused by speeding, according to the National Highway Traffic Safety Administration (NHTSA). The NHTSA analyzed accidents over the last 20 years and found that speeding was the cause of about one-third of all fatal crashes. It’s also the No. 3 contributing factor in vehicle wrecks in general.
While you might think that speeding-related car crashes happen most often on interstate highways, that’s not necessarily the case. According to the NHTSA, 40% actually occur on roads that have a speed limit of 50 MPH or less, while 20% happen on roads that have posted limits of 35MPH or less.
The numbers in North Dakota are a little better in terms of the percentage of fatal crashes caused by speeding. While the national percentage is about 33%, in North Dakota it’s typically closer to 25%. Here’s a look at the statistics from 2016-2020.
| Year | # of Fatal Crashes | # of Fatal Speed-Related Crashes (Percentage) |
| 2016 | 102 | 24 (24%) |
| 2017 | 106 | 25 (24%) |
| 2018 | 95 | 36 (38%) |
| 2019 | 91 | 23 (25%) |
| 2020 | 96 | 22 (23%) |
But even if the numbers of fatalities are usually lower, even one death due to speeding is one too many. Also, speeding-related crashes can also lead to devastating, long-term injuries.
Most of the time, drivers will speed simply because they’re in a rush. They might be late for a meeting, or they may want to get home as fast as they can because they’ve had a bad day at the office.
But speeding for any reason is usually very selfish. Speeders simply have no concern for the safety of others on the road, or they think what they’re doing really isn’t that dangerous, because they know how to keep control of their vehicle. While that might usually be the case, however, it only takes one mistake to cause a potentially horrific crash. They could not be ready for the first snow of the season, for example, and could easily lose control when hitting a slick spot.
Even though the fines associated with speeding can be steep (not to mention the hike in their insurance costs), speeders continue to exhibit this reckless behavior on the roads.
There are a lot of ways that speeding can lead to an accident that could eventually spur a personal injury lawsuit. A driver might run a red light and plow into another vehicle, or won’t have enough time to slow down, causing a rear-end collision in the process.
A lot of speeding-related accidents occur due to drivers failing to yield the right-of-way. They’ll blast through an intersection with little regard for anyone else. When this happens, a driver obeying the law and making a turn could find it impossible to get out of the way of the approaching vehicle.
If you’ve been injured and want to obtain compensation, you’re going to need proof that you weren’t at fault for the accident – the fault lies with the driver who was speeding. The best way to obtain that proof will be to hire an experienced car accident attorney as soon as you can.
Why will fast action be so important? One of the biggest reasons is that your attorney will launch an investigation into the accident. Evidence at the scene can disappear quickly, due to factors such as road construction or weather. The sooner your attorney can get to that scene, the better the chances of finding the evidence you need to prove your case.
There are other ways a skilled attorney can work to prove the at-fault driver was speeding. These are just a few examples.
In many instances, there will be multiple parties that contributed to an accident other than the at-fault driver. If this is the case regarding your accident, then your attorney may be able to take action against these other parties and help you obtain more compensation.
Victims of car accidents caused by speeding drivers will typically incur losses. The legal term to describe losses, such as medical bills, lost wages, property damage, etc. is “damages.” Here are some of the more common damages that often arise due to an automobile accident.
You’ve already had to endure enough stress after being injured in an accident caused by speeding. The last thing you need is to go through even more anxiety.
Attorneys help in many ways. They shield accident victims from insurance adjuster harassment, and know how to negotiate with insurance companies to obtain a fair settlement offer. As stated earlier, they also know how to uncover the evidence needed to prove their clients’ cases.
While we’d love to live in a world where there were zero car accidents, the fact is they continue to occur far too often. One of the worst types of vehicle accidents is a rollover. With the popularity of SUVs, rollover accidents are always a threat. But while most people may think SUV drivers are always to blame because they’re driving too fast, there are plenty of instances where someone else is to blame.
The attorneys with Sand Law will be ready to help if you’ve suffered an injury in a rollover accident that wasn’t your fault. We’ll walk you through everything to expect throughout the duration of your case, and work to make sure your rights are protected at every turn.
If you would like to schedule a consultation, please feel free to use our online form or call 701-609-1510.
There are a lot of different types of car accidents, of course, and each of them have many different causes. Rollover accidents are no different.
While it’s true that trying to take a turn too quickly can lead to a rollover, there can often be other contributing factors as well. Someone might hit an icy patch on a road and suddenly lose control, or a distracted driver could cause an SUV driver to have to swerve.
Here are some more common causes of rollover accidents:
You’d be surprised how many times a rollover accident isn’t anyone’s fault. It occurs because of some sort of vehicular defect.
Someone could suddenly lose their brakes due to faulty design or manufacturing, or a poorly made tire could blow out and result in a rollover. The design of the vehicle itself could be a contributing factor, because the manufacturer decided it would cost too much to provide for a lower center of gravity.
If you have reason to believe some sort of manufacturer’s defect led to your rollover accident, get in touch with Sand Law so we can tell you how we may be able to help.
Whenever someone is hurt in any sort of vehicular accident, that will lead to losses. These could include money lost because they can’t work, or money they have to pay in order to get the medical treatment they need. These losses are known as damages in legal terms.
The damages referred to above are economic – it’s not that hard to put a monetary value on them. But there are other kinds of damages that are more subjective. They include pain and suffering, emotional issues stemming from an accident, and more. These are referred to as non-economic damages.
At Sand Law, we know how to place a tangible dollar amount on not only economic but also non-economic damages. Once we know the details of your case, and know what kinds of losses you’ve suffered, we will be able to give you at least a general idea of what kind of compensation we may be able to help you pursue.
Please get in touch with an attorney as soon as possible if you’ve suffered an injury, or you’ve tragically lost someone you love, due to a rollover accident. At Sand Law, we will work passionately on your behalf in order to obtain the evidence needed to prove your case. Without that proof, there’s no chance you’ll be able to win.
But we’ll also shield you from the harassment of insurance company adjusters. These are skilled professionals who have one goal – to either reduce the amount of money you’ll get from an insurer, or see to it that you get nothing at all. We will work with those adjusters on your behalf and work to force the insurance company into making a fair settlement offer.
You’ve already got enough on your plate trying to recover from your rollover accident injury. The last thing you need to do is to worry about trying to obtain the money you deserve. Leave that to Sand Law.
We have a lot of experience in this area of the law, and we’re ready to put that knowledge to use for you. Schedule a free case review by contacting us online or giving us a call at 701-609-1510.
Car accidents happen every single day in the United States and lots of those results in injury. In fact, around three million people are injured because of car accident in the United States each year, with more than 90 people dying each day from car accidents and related injuries.
In North Dakota, there are around 100 fatal crashes each year. Considering that North Dakota has such a low population (less than one million), this car accident fatality rate per 100,000 people is fairly equal to more densely populated states.
Car accidents are often caused by texting while driving, driving under the influence of drugs or alcohol, reckless driving, speeding, and even aggressive driving. There are many different types of car accidents, such as sideswipe accidents, head on collisions, and t-bone accidents, but one of the most common and most likely to cause injuries are rear-end accidents. Accidents in which a car is struck from behind can cause injuries that range from mild to severe depending on how fast the car was going when it collided with other vehicle.
A rear end accident that happens at slower speeds may only cause minor injuries, like whiplash or bumps and bruises. However, a high speed rear end accident like one that could occur on a highway could cause much more severe injuries. When a car is sitting still, like in bumper to bumper traffic or at red light, and they are stuck from behind at full speed it can cause life-changing injuries or even fatalities.
Rear end accidents can cause all types of injuries but some of the most common are neck and back injuries, spinal cord injuries, brain injuries, crippling arm injuries, and airbag- and seatbelt-caused injuries.
When a driver’s vehicle is struck from behind, neck and back injuries are incredibly common. In high-speed and even low-speed rear end accidents, the force of the car hitting you from behind can cause spinal compression, strained muscles, and damaged tendons. You may end up with a herniated disc, slipped disc, and damage to the surrounding nerves, all of which can cause neck and back pain that may affect you for the rest of your life.
While spinal injuries are common in most car accidents, they’re especially common in rear end accidents. The force applied to your back when your vehicle is struck from behind puts stress on your spine that it has not evolved to take. Spinal cord injury can cause permanent loss of strength, full or partial loss of sensation, and paralysis. Often times, spinal cord injuries caused by rear end accidents require extensive surgeries and rehabilitation to regain independent and pain-free movement–if that is even possible at all.
Traumatic brain injuries can easily occur in rear end accidents because the rear force can easily send one’s head into the steering wheel or to slam forward in the skull causing a coup-contrecoup injury. A traumatic brain injury can also occur when the head is penetrated by a damaged object in the car. A traumatic brain injury can range from minor, like a concussion, to more severe, like those that result in loss of consciousness, coma, or even brain death. No matter what type of brain injury your rear-end accident causes, they can all leave you with lasting effects.
Your airbag will most likely deploy in an accident that occurs over 20 mph. If your airbag does deploy, the force from being struck can send you forwards into your airbag. Airbags are known to cause broken noses and burns to the face or scalp. They may also cause broken ribs. The same is true with seatbelts. Although seatbelts almost always save lives that doesn’t mean that they cannot cause other injuries. For example, if your seatbelt causes you to suffer broken ribs or other internal injuries the negligent party would still be responsible because they caused the accident.
If your hands are on the steering wheel at the time of impact, the force of a car hitting your vehicle from behind may cause damage to your arm and wrist. Injuries to the hands and arms, like broken bones, sprained wrists, dislocated shoulder, and ripped tendons can create life-long pain and limited movement.
After you are involved in a rear end accident, there are a few key steps you should take. If you are so injured that you have to be immediately transported to the hospital obvious you won’t be able to complete these steps but that is okay. Your attorney will still be able to build your case. However, if you can, these steps can help with the process.
1. Make sure that everyone at the scene of the accident is safe. If anyone is seriously injured, call 911 immediately. If possible move to the side of the road to get out of the way of further harm.
2. Exchange information with the other party involved. Sometimes rear end accidents can involve multiple parties. You should get everyone’s insurance and contact information.
3. Take as many pictures as you can. Take pictures of your car, the other cars, your injuries, and the surrounding area. You should also write down or record a statement of what happened since the details will be fresh in your mind after the accident occurs.
4. Seek medical treatment as soon as possible. Make sure you let your doctor know that your injuries occured because of a car accident, so they can note this in your records.
5. Hire an attorney. You should hire an attorney as soon as possible after a car accident because the insurance companies will have experienced professionals working on their side immediately and so should you.
Getting into a car accident can often mean accumulating a large amount of debt. You may have high medical bills to pay back, as well as wages you’ve lost from being out of work. Your attorney can help you recover these damages by filing a personal injury lawsuit for you.
Damages come in two different categories, economic and non-economic. Economic damages refer to things with a monetary value, like medical bills and lost wages. Non-economic damages cover things like pain and suffering, loss of consortium, loss of earning capacity, and any compensation for permanent disability or disfigurement. Your attorney can help you sort out what damages you have and how much you can reasonably expect from your rear-end accident case.
If you or someone you love has been injured in a rear end car accident, hiring an attorney is a crucial step toward getting the compensation that you deserve. The attorneys at Sand Law in North Dakota have years of experience negotiating high settlements and winning cases. We’re ready and willing to help you get back on your feet. For more information or a free case evaluation, please contact us online or at 701-609-1510.
At Sand Law, we have the experience and resources necessary to help families suffering from nursing home abuse in North Dakota. Each nursing home abuse case is unique but they all have in common a hurt and a frustration that comes from few other circumstances in life. Our goal is to get the individuals and families of the abuse compensation for the medical bills and pain and suffering while also creating a deterrent to future nursing home abuse situations. If you or your loved one has suffered abuse at the hands of a nursing home or nursing home staff, contact our nursing home abuse attorneys today to schedule a free consultation.
More often than not, nursing homes and assisted living facilities give seniors a great standard of living and care. And in most cases, this care is genuine and free from any type of abuse or negligence. However, when a person does experience abuse in their nursing home, they deserve dignity, justice, and all the help they can get.
The statistics regarding nursing home abuse in America are staggering. Every year, about 5,000,000 elders are abused in nursing homes and assisted living facilities. In fact, 1 in 10 elders over the age of 60 are said to have been abused in a nursing home. This is just an estimate though, since 24.3% of residents reported some kind of physical abuse at least once while living in a nursing home or assisted living facility.
The problem with nursing home abuse statistics is that the data is difficult to collect and all cases of abuse are not reported. Another study found that only 1 in 14 elder abuse cases are formally reported. However, a similar study found that only 1 in 25 cases are reported. Either way, many of these cases go unreported and without justice. These numbers may be low because elders often don’t realize they’re being abused, or don’t know how to report it, or are afraid of repercussions because they have nowhere else to go. And, of course, most abuse happens in way that is quite literally intended for no one to find out. Because of this, statistics on nursing home abuse are often low estimates.
The fact is, many elderly residents feel unsafe in their situation, so it’s important to know and look for the warning signs of this kind of abuse or negligence.
If you have a family member who lives in a nursing home or assisted living facility, it’s important to know the signs of abuse so you can spot potential warning signs even if your loved one can’t or doesn’t directly tell you.
You should also pay special close attention to anything thats happens at the facility that seems unusual. Besure to investigate further into situations, like if your loved one is hospitalized or goes to the ER, any instant of wandering or lashing out, changes in your loved one’s medication, and frequent illness.
Many different types of abuse take place in nursing home and they aren’t always easy to spot. Nursing home abuse can take the form of:
Physical abuse in a nursing home or assisted living facility includes any type of physical aggression, pushing, shaking, hitting, or in any way physically harming a resident. Physical abuse also includes actions like the misuse of restraints as discipline. Physical abuse is less common than other types of nursing home abuse, but it is one of the most egregious. Only 10% of reported cases of nursing home abuse are physical.
Sexual abuse also occurs in nursing homes, however it is unknown how common it is since it is one of the most underreported types of abuse. Nursing home sexual abuse is the unwanted act of sexual conduct within a nursing home. This can occur between residents, or between residents and staff. It is also considered sexual abuse when a person is involved in a sexual act when they are highly medicated, confused, or unable to give consent due to their mental or physical condition.
Sexual abuse in a nursing home includes: unwanted touching, sexual assault or battery, rape, and sexual harassment.
Psychological and emotional abuse make up for the bulk of abuse cases in nursing homes. Emotional abuse occurs when staff causes a resident unnecessary emotional trauma through non-physical means. Emotional abuse can be verbal or nonverbal, and is almost always used to isolate, scare, and intimidate residents. This type of abuse can include: name calling, blatantly ignoring the needs of the residents, not changing soiled clothes or bedding, not feeding or providing water to residents, keeping them locked in their rooms, not tending to medical problems, and many other issues. Psychological abuse also includes general actions that intend to make a resident feel unwanted or humiliated. Staff may behave in this way out of frustration, laziness, or negligence.
The final type of nursing home abuse is financial abuse, which can create its own type of damage to individuals and families. Financial abuse may include: theft of cash or valuable items, theft or misuse of a checkbook or credit cards, stealing of residents financial identity, using a senior’s personal information to open credit accounts, manipulating residents into giving away their valuables or assets, using threats or scare tactics to make a resident transfer money or assets, feigning affection and friendship in order to build a false relationship to get an elderly person to buy them things, pay their bills, or add them to their will.
Nursing home abuse refers to any kind of abuse that is intentional, like the physical, emotional, financial, or sexual abuse noted above. Negligence refers to something that is not directly intentional or directly meant to cause harm, but does anyway. Negligence is still the fault of the nursing home for not taking measure to protect their residents. Negligence can include forgetting to feed a resident, not cleaning up a spill before someone slips on it, or giving someone the wrong medication.
Yes, you can sue a nursing home for abuse. If you believe that your loved one has been injured or harmed due to nursing home abuse or neglect, you should contact a lawyer to understand your loved one’s rights and options. Abuse cases are generally less complicated than neglect claims, as the proof can be easier to obtain. With neglect cases, it has to be proven that the employee was acting in a neglectful way. For example, if your loved one slipped and fell because of a wet floor, you’d have to be able to prove that the floor was wet for a significant amount of time and that no one took reasonable action to clean it up before your loved one was injured. Whether your loved one suffered abuse or neglect, you will still need an experienced nursing home abuse lawyer to help you gather evidence, file for compensation, and lead you through negotiations. Nursing homes often appear to be privately owned, but they are often owned by huge corporations that have plenty of resources and lawyers at their disposal. Do not face this serious situation alone; even the playing field by hiring your own team of lawyers who get paid by the defendant and not by you.
If your loved one has been injured in a nursing home due to abuse or neglect, please contact the experienced lawyers at Sand Law for more information and a free case evaluation. You can contact us online or by calling 701-394-3912.
Offices in Fargo, Watford City, Williston, Bismarck, and Minot
Understanding the how common spinal cord injuries are in the U.S. can help shed light on the severity of the problem and the need for legal intervention when someone negligently causes another to suffer. Every year in the U.S. there are around 15,000 reported serious spinal cord injuries, with about 10,000 of those people ending up paralyzed. On average, patients stay in rehabilitation for 31 days after their accident and spend between $550,000 and $1,123,000 in their first year of being a paraplegic or quadriplegic.
The estimated number of people currently living with a spinal cord injury in the U.S. is approximately 249,000 to 363,000 people. On average, people who suffer a spinal cord injury are generally between 29 and 43 years of age, with the age at time of injury slightly increasing over time. Nearly 78% of those who suffer a spinal cord injury are male.
As you can imagine, this kind of financial cost can create serious strain on individuals and families, especially when they suffer these injuries as a result of negligence or deliberate disregard for human safety.
Spinal cord injuries fall into two separate categories, complete and incomplete. Complete spinal cord injuries tend to be more serious, and usually means that the entire width of the spine in one area has been affected. This means that the victim won’t have any muscle control or sensation in the damaged area of the spine.
Incomplete spinal cord injuries are still very serious, but the only difference is that they don’t affect the entire width of the spine. Because of this, the victim would still be able to function at a normal level in some areas. They’ll be able to feel and move, but may face other serious limitations, usually on one side of the body.
The leading cause of spinal cord injuries in the United States are car accidents and other motor vehicle crashes. These could be pedestrian accidents, accidents involving a commercial truck, as well as a two-vehicle car accident.
The next leading cause of spinal cord injuries are those suffered as a result of slip and falls.
Oilfield accidents, construction site accidents, and other workplace accidents can also cause spinal cord injuries, especially if these injuries occur after falling from a high place or slipping and hitting your back. In cases of a spinal cord injury at work, the victim may be eligible for workers’ compensation, but in most cases, it’s not enough to cover all of the medical bills, lost wages, and costs associated with such a severe injury.
Other common causes of spinal cord injuries include acts of violence like gunshot wounds and sports and recreation activities.
If the cause of your spinal cord injury is related to the negligence or fault of another person or a company, you may be eligible to get some or all of your bills and costs compensated by filing a personal injury claim.
There are many different ways that a spinal cord injury can be treated, and it varies greatly depending on the specifics of the injury. The most common treatments for spinal cord injuries are medications, surgeries, and physical therapy.
Medications are a common part of the treatment plan for spinal cord injuries. One of those medications commonly used are steroids, which are sometimes used to reduce swelling around the spinal cord that may cause further damage. If a mass is causing the spinal cord problems, these medications may be able to shrink the mass and relieve the victim of some pain. They may even be able to help the victim regain feeling in their extremities by relieving the pressure. Medications are almost never the full treatment for spinal injuries but they are almost at least a part of the treatment.
In most serious spinal injury cases, surgery is required. One common surgery to relieve spinal cord pain is called decompression laminectomy, which removes fluid or tissue that is pressing on a person’s spinal cord. This type of surgery is also used for spinal stenosis and herniated discs, but can provide some relief to other spinal cord injuries as well. Surgery is oftentimes used to remove bones, disc fragments, or other objects from around the spine. They may also use surgery to stabilize the spine by fusing the bones or potentially inserting hardware into the spine.
Bed rest doesn’t seem like it would be an important part of treatment for spinal cord injury, but it can actually help a lot for certain situations. Bed rest can be important to give the spine proper time to heal itself. The spine carries a lot of the body’s weight, so taking pressure of your spine by staying in a horizontal position can be really helpful in recovery. Remaining on your feet after a spinal cord injury can potentially make your injury much worse.
In most cases of spinal cord injury, physical therapy is necessary. Many spinal cord injury patients require intense rehabilitation to regain certain movement and abilities. Sometimes, physical therapy is prescribed in order to help a patient get the extra push they need back to the normal life, and sometimes it’s prescribed to be an all out last effort to save their mobility. Physical therapy is often thought of as helping people learn to walk again, but it is just commonly used to help people regain the ability to feed themselves, use the bathroom, and perform other daily tasks.
In almost all cases, physical therapy is tough, time-consuming, and expensive.
In North Dakota, if you are struck by a vehicle as a pedestrian you may be able to get compensation through the negligent driver’s insurance company using negotiations and a lawsuit. At Sand Law, we have the resources and expertise to help guide you through this often-complicated process and to help you get compensation for medical bills, lost wages, and pain and suffering that resulted from your injuries. Pedestrian accidents are often very serious due to their nature and the fact that the pedestrian is completely unprotected from motor vehicle.
If you were injured while you were a pedestrian, you may eligible to get compensation for you damages. To schedule a free, no obligation consultation with Sand Law contact us today. We will evaluate your claim and help you to understand your rights, options, and what steps to take next.
We are the most vulnerable when we walk near roadways. And unfortunately, the risks have increased as drivers have become more distracted than ever. In places without sidewalks, crosswalks, or safety measures in place, these accidents can be more common, leading to more injuries and more fatalities.
In 2017, more than 16% of all traffic deaths were pedestrian. That’s about 6,000 deaths total; this is about one death every 88 minutes, and that’s only counting fatalities. On top of that, there were an additional 137,000 pedestrians treated in emergency rooms for non-fatal crash related injuries in 2017.
According to the CDC, pedestrians are 1.5 times more likely than motor vehicle occupants to be killed in a car crash.
Furthermore, pedestrians that are 65 and older account for nearly 20% of all pedestrian deaths and 10% of all pedestrian injuries on average.
And despite the risk to our older population, the risk to children is even greater, with one in every five children that were killed in traffic crash were pedestrians.
Risk factors for pedestrian accidents include higher vehicle speed, urban areas, non-intersection crossings, and nighttime.
There are many different types of pedestrian accidents but some are more common than other. Pedestrian accidents are categorized by how the pedestrian was hit, where the accident is located, and a few other factors.
Pedestrian accidents can be broken down into:
Dart-out accidents occur when a pedestrian runs out into the road and the driver doesn’t have enough time to react before hitting them.
Intersection accidents are accidents that take place in intersections, specifically at a crosswalk. These types of accidents can occur when a pedestrian miscalculates how long it will take to cross the street or doesn’t follow the road signals. They are also commonly caused by drivers who either do not see the pedestrian or miscalculate their distance to the pedestrian.
Passing accidents occur when a vehicle tries to pass another stopped vehicle and hits the pedestrian. This can happen when a bus is stopped, or when any other large, view-obstructing vehicle is stopped.
Vehicle turn and merge accidents occur when the driver is too focused on making a specific turn or merge, and doesn’t see a pedestrian. This is common when a car driver is waiting for the vehicle traffic to clear and fail to focus on the pedestrian crossing in front of them. This is most common with right hand turns.
Back-up accidents occur when a driver doesn’t look behind them before backing up, most commonly in parking lot or parking garage.
There are many different causes of pedestrian accidents, such as drunk driving, distracted driving, and speeding. If a driver is not paying attention, or has been drinking, they may not see the pedestrian in the roadway, leading to serious injuries or death for the pedestrian. This is especially true for intersection accidents and back-up accidents.
The responsibility falls on both the driver and the pedestrian to remain aware of their surroundings while walking or driving. Both parties can be negligent in these situations so it is up to all of us to make sure that we are aware of our surroundings when operating, or walking near, dangerous vehicles.
Pedestrian accidents can cause a variety of different injuries, depending on how the accident occurred and how the car struck the pedestrian. These injuries can vary from mild to severe to even fatal.
Most injuries occur at the point of impact, where the car strikes the pedestrian. However, many pedestrians also suffer some secondary injuries. For example, if the car were to throw them into another object, like another vehicle, building, or the pavement.
Pedestrian accidents can cause injuries like cuts, scrapes, bruises, brain injuries, spinal cord injuries, neck and back injuries, torn ligaments, and fractures, breaks, or sprains to a variety of different parts of the body.
The most serious injuries are brain injuries and spinal cord injuries, as these can cause paralysis, impairment, or other serious, life-long issues.
Whether or not you receive compensation for your accident greatly depends on who was at-fault for the accident. If you’re the pedestrian, it’s likely that you suffered much greeter injuries than the driver.
If the driver was at fault for the accident, then you are likely eligible to receive compensation for any medical bills, lost wages, pain and suffering, and any other damages the incident caused.
Understanding the specifics of your pedestrian accident and any compensation you may be eligible for needs to be discussed with a personal injury attorney since factors vary greatly from situation to situation.
If you’ve been injured in a pedestrian accident, please reach out to one of our experienced lawyers at Sand Law. We’re ready and willing to take on your case. Our attorneys are ready to help you get the compensation that you deserve for your pedestrian accident. For more information or a free case evaluation, please contact us at 701-394-3912 or contact us online.
Offices in Fargo, Watford City, Williston, Bismarck, and Minot
Slip and falls can be incredibly dangerous, even if it doesn’t seem like it. When you slip and land hard on the ground or hit your head on an object, it can cause severe injuries. In our society, slip and falls are often portrayed as funny, but they can be extremely serious and may be more common than you might think. Falls count for 8 million hospital room visits every year, making slips and falls the leading cause (21%) of hospital visits.
Slips and falls are also the leading cause of workers’ compensation claims and the leading cause of occupational injury for people over the age of 55, especially at construction site jobs. But slip and falls are not only an occupational hazard. Half of all accidental deaths inside homes are caused because of a fall. Most of these injuries occur at ground level, not from falling off of a high point.
In 2018, there were 4,493 preventable deaths that occurred in work environments. Slips and falls make up a large portion of these deaths. And unfortunately, many slip and fall accidents are incredibly preventable. According to the National Safety Council, falls are 100% preventable, and businesses should be taking reasonable steps to make sure they don’t occur to both employees and guests.
Slip and fall accidents can occur pretty much anywhere: outside, inside a store, at work, or at your neighbor’s house. The main causes of slip and fall accidents are wet or icy surfaces, uneven surfaces, weather conditions, improper training, and nursing home neglect.
Uneven or hazardous surfaces are one of the two most common causes of slip and fall cases. These situations are caused by hazards like loose floorboards, clutter on the floor, potholes, broken sidewalks or pavement, torn carpeting, or broken staircases.
Wet and icy surfaces make up the second most common cause of slip and fall accidents in North Dakota. These hazards include icy stairs, recently mopped or waxed floors, spills on the ground, and water collection from something like a drip.
Weather conditions are another leading cause of slip and fall accidents. The biggest culprit is winter conditions, especially here in North Dakota. Businesses are responsible for clearing snow and ice in a timely manner after a winter storm. While snow and ice are the leading causes of weather related injuries, rain is also a common cause of slip and falls. After snowy, icy, or rainy conditions, it is the responsibility of the property or business owner to clearly mark the hazard and clean it up if possible. In situations were the owner fails to take proper precautions, they may be responsible for slip and fall incidents.
Falls commonly occur in workplaces.. These falls can be caused by improper training and are often more dangerous than slipping on ice or a spill. Construction workers who aren’t properly trained on protocol may fall from large heights, or slip and fall while operating a piece of machinery like hand forklift. It is not only the employee’s job to remain safe, but the employer’s job to provide proper safety training and follow through on safety guidelines.
Nursing homes also experience lots of slips and falls each year. These types of falls almost always result in severe injuries, as the elderly are much more fragile when it comes to falling or slipping. Our older loved ones can end up with a fractured hip, or other complicating conditions, because of slip and fall which could have tragic results. These injuries have a higher chance of being life threatening because of their age and fragility. Slip and falls can happen more frequently in a nursing home when the staff is negligent in their care or cleaning. Because of the risk to the safety of our aging population, it is extremely important that we hold nursing homes to a high standard.
After you suffer a slip and fall injury, be sure you don’t give a statement to the store or property owner. Don’t admit fault, or give any details that might make you seem like you were at fault.
You’ll then want to get the names of the owners and managers of the property and write down any names and contact info of any witnesses. Be sure to collect photos and documentation of the incident, if possible.
And of course, always make sure you get medical attention right away, whether you believe that you’re injured or not. It is not uncommon for injuries to manifest later after the adrenaline and shock wears off.
Like every state, North Dakota has its own rules when it comes to wrongful death lawsuits filed in the state’s civil court system. In this article, we’ll look at North Dakota’s definition of wrongful death, who may file a wrongful death lawsuit in North Dakota, what types of damages are available, and the time limits for filing this kind of civil case. We will also examine how an experienced North Dakota wrongful death attorney can help ensure your family’s situation is not made worse by creating unnecessary financial strain on top of the grief of losing a loved one.
North Dakota’s wrongful death statute, Section 32-21-01, defines wrongful death as a “wrongful act, neglect, or default” that leads to the death of a person. The cause of death may be negligence, recklessness, or intentional. But to qualify as a wrongful death in North Dakota, the deceased person must have had a viable personal injury claim had they survived. Meaning, if medical malpractice caused the wrongful death, then the victim would have had a valid personal injury med mal claim had they not died.
Basically, a wrongful death claim is a personal injury claim that arises because the injured person can no longer protect their legal interests in death. Instead, another party pursues the claim on behalf of the deceased to protect the deceased’s estate and legal rights of the surviving family members.
Individuals who can file a wrongful death claim in North Dakota are listed below in the order of first priority.
For example, if the deceased person did not have a living spouse at the time of their death, then their child or children are next in line to file a wrongful death claim.
North Dakota law also states that any person in the above order has 30 days to bring forth the wrongful death action or the next person in order may bring the action.
North Dakota requires that a wrongful death claim be filed within 2 years from the date of the deceased victim’s death. This time limit is set by North Dakota Century Code section 28-01-18.
In order to ensure that you are following proper procedure with your loved one’s wrongful death claim, it is best to speak to a North Dakota attorney with experience in wrongful death cases to ensure time limits are met and the statute of limitations has not expired. North Dakota wrongful death lawyers can also help to ensure your claim get the most compensation available to rebuild your life.
Common damages that are pursued in a North Dakota wrongful death case are often divided into two categories: economic and non-economic damages.
These losses must be provable, either during negotiations or in court as with any North Dakota personal injury lawsuit. The judge or jury will also need to be clear on which damages are for past, present, and future expenses. A wrongful death attorney can help ensure that this is done correctly.
Any monetary damages that are awarded to the beneficiaries may not be taxed as part of the estate.
When a car accident leads to an untimely death, the surviving loved ones maybe able to seek a wrongful death lawsuit. A wrongful death car accident is as an unintended fatality that is caused by the negligence or recklessness of another driver or person. The wrongful death may be the fault of another driver, a semi-truck driver, the vehicle’s manufacturer, or the governmental department tasked with maintaining the roads. A wrongful death accident seeks a claim against the responsible party to recover compensation for the financial burden of the their loved one’s death. These financial damages may include funeral and burial expenses, medical bills, loss of income and financial support, emotional suffering, and pain and suffering. In North Dakota, the law requires a wrongful death lawsuit to be filed no later than two (2) years after the date of the person’s death.
The dangers of working in an oilfield have led to numerous injuries and fatalities. When a person loses their life while working in the North Dakota oil industry, it can have a profound impact on the life of those they leave behind. Loss of companionship and relationship, loss of financial support, and mounting bills can all leave a family stressed and confused. Getting compensation for an oilfield accident can assist a grieving family with the financial stress that can come from losing a loved one, especially if that loss created large medical bills, burial costs, and lost income.
Wrongful death cases involving a North Dakota oil field incident can be difficult to navigate without an experienced personal injury lawyer. The attorneys at Sand Law can help a surviving spouse or qualified family member to file a wrongful death claim so they can be compensated for the damages the negligent death created.
This can include:
Sand Law protects families across North Dakota after they suffer the wrongful death of a family member or loved one. Our team of experienced and dedicated personal injury attorneys understand the need for compassion in this delicate time. We promise to be aggressive in defending your rights and gentle in dealing with your family.
Sand Law PLLC has offices in Fargo, Watford City, Minot, Williston, and Bismarck to represent North Dakotans across the state. Contact Sand Law right away to schedule your free wrongful death consultation by calling 701-609-1510 or by filling our our contact form. We look forward to helping you and your family.
Traumatic Brain Injuries (TBI) can be caused by a lot of different types of accidents. But when a TBI is caused by the negligence of another person, a bad situation is made even worse as a plethora of legal problems enter the picture. Almost any type of TBI can cause serious issues for the victim and their family. At Sand Law PLLC, we see the devastating effects of traumatic brain injuries every day. We understand that although a TBI can not be easily seen, like a broken arm or even a herniated disc on a scan, they still deserve to be taken seriously. We understand that a TBI is more than a simple term; TBIs are extremely painful and debilitating and can cause devastating life changes. At Sand Law, we are passionate about helping North Dakotans recover from a TBI while getting the compensation they need.
If you’ve suffered a TBI after an accident caused by another’s negligence, contact the experienced TBI lawyer at Sand Law today by calling 701-609-1510 for a free consultation.
A traumatic brain injury is an injury to the brain that occurs during a sudden impact or trauma to a victim’s head, either from a penetrating (open-head) injury or a non-penetrating (closed-head) injury.
During the initial head trauma that causes a TBI, the following types of injuries can occur to the brain:
TBIs typically occur during accidents that are sudden impact and leave little to no time for a person to protect their head. Some of the most common types of accidents that cause TBIs are:
TBIs are often classified into three categories: mild, moderate, and severe. These terms can be a bit misleading since the tern “mild” TBI makes it sound like it is not big deal, when in fact, a mild TBI can be extremely disruptive to one’s life. Nonetheless, these three classifications are commonly used in the medical field, and therefore are helpful in understanding TBI injuries caused by accidents.
According to Northeastern University, the classifications for TBIs are based on the following symptoms:
According to the National Institute of Neurological Disorders and Strokes, symptoms of a traumatic brain injury often include:
These symptoms are just as common with a mild TBI as they are with a severe TBI, it’s just the severity of the symptoms that vary.
TBIs can be caused by different situations during accidents and other situations that result in varying types of brain injuries and damage. For example:
Seek medical attention right away. The brain is an important organ and any injury to the brain should be treated as serious. Even if you don’t think you have serious TBI, still seek medical attention. So often, clients say they though they were fine until they started experiencing blackouts and lost memory weeks later.
The hospital or urgent care center may insist that you see a specialist to assess your TBI. Be sure to follow through with this care.
Document your injuries. Proving a brain injury in court can be tricky, so be sure to keep all your medical records, bills, scans, witnesses’ names and numbers, and a journal of your symptoms. It is also important to have people in your life document any changes in your behavior, memory, or mood.
TBIs are often called the “invisible” injury because they are so serious but cannot easily be seen in a courtroom or a photograph. This does not mean they cannot be proven or that compensation is not possible. It just means you need to be more diligent about documenting your injury.
Contact an experienced TBI attorney. TBI cases can be complicated and will require a personal injury firm that has extensive resources and networks to ensure your TBI case is well researched so that you get the compensation you need.
Sand Law is serious about getting North Dakotan the compensation they need after another person’s negligence caused them to suffer a traumatic brain injury. Our team of experienced and dedicated TBI attorneys are skilled at helping traumatic brain injury victims get the compensation they deserve, even if the injury if invisible.
Our offices are conveniently located in Watford City, Minot, Williston, and Bismarck to serve all of North Dakota. 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 speaking with you.
If you have been injured in an oil field accident then it is important to hire a local, trusted law firm that will work tirelessly to enforce your rights. Sand Law, PLLC is a law firm located in the heart of North Dakota’s Bakken Oil Field. With our years of experience and undeniable record, we have become a top firm for workers with oil field injuries.
Our attorneys are respected in the local courts and legal community. Working in oil fields and in the oil drilling industry can be dangerous. That’s why we represent those injured in oil field accidents throughout the Bakken region and all around North Dakota. Choosing an attorney with experience and credibility matters; we have both. Contact Sand Law PLLC’s office today for your free, no obligation consultation with the North Dakota Oil Field Injury Law Firm. If there is no recovery, there is no fee.
Injury cases in the oilfield can be unique. Our office is located in the heart of the Bakken and we see cases everyday that many attorneys would not see in an entire career of practicing in the city. Here is a look at some of the cases we handle:
There are opportunities for workers to sustain oil field injuries virtually anywhere on the site. Oil field workers are vulnerable to catastrophic injuries on the job, including:
North Dakota oil field workers are also susceptible to injuries that are acquired over time, such as repetitive strain injuries or hearing loss. As with acute oil field injuries, it is essential to report your condition to your employer and get medical care as soon as possible.
Depending on the severity of the injury, an oil field worker may be temporarily unable to return to full work duties while recovering or permanently out of commission. Our North Dakota oil field accident attorneys can help you explore your options for compensation for current and future damages, including lost wages.
Accidents involving vehicles are another common source of injuries on North Dakota oil fields. Examples include:
Workers may be crushed underneath a vehicle or between a vehicle and another surface. Additionally, the impact of a vehicle can knock oil field workers off balance. Consequently, they may sustain severe injuries when they fall from an elevated surface or collide with sharp, hard, or hot surfaces.
Oil field workers who suffer injuries on the job may qualify for workers’ compensation benefits. To do so, you must demonstrate that the circumstances of the accident fit North Dakota’s standards for workers’ compensation claims. Usually, that just means showing your oil field injuries occurred within the scope of you carrying out your job duties in adherence with safety protocols.
Generally, oil field injuries count as workplace injuries. That means they should be covered under your employer’s workers’ compensation insurance policy. However, that does not automatically mean that a workers’ compensation is the best or only way for you to obtain compensation following a North Dakota oil field accident.
When you are trying to determine what type of claim to file, ask yourself the following questions:
If you answered yes to one or more of those questions, you should speak with a North Dakota oil field injury attorney about the possibility of filing a personal injury claim in addition to or instead of a workers’ compensation claim.
For all personal injury cases, including oil field injuries, liability for negligence must be established. That means the person that caused your injury must have owed you a duty and their breach of that duty caused you damage. Corporations or insurance companies often try to use this legal concept to scare people into thinking they do not have a claim.
DO NOT BE FOOLED. The duty standard used by North Dakota courts applies to almost everyone – including businesses. We all have a duty to act reasonably and if we fail to do so, we are liable for the injuries we cause.
You can establish liability in a claim based on someone’s negligent, reckless, or intentional behavior. Various factors can contribute to liability for North Dakota oil field injuries, including:
Do not be bullied or pressured by the insurance companies into accepting a lower settlement than you deserve or even worse – no settlement at all. Call the North Dakota oil field injury lawyers today to schedule your free consultation.
Compensation options for oil field injuries vary depending on the type of claim you file. For personal injury claims, there are several forms of damages that are broken into two categories: General Damages and Special Damages. Workers’ compensation only addresses economic damages. Here is a breakdown of the damages you may qualify for if you sustained an injury as an oil field worker.
General damages are things that are more difficult to put an exact number on, like how painful your injury was.
Special damages have an exact dollar amount, such as the exact cost of your medical expenses.
North Dakota workers’ comp offers more limited compensation for injured oil field workers. These benefits cover the cost of:
Although determining the value of workers’ compensation benefits should be straightforward given that they address financial losses, insurance companies often try to diminish benefits. A North Dakota oil field injury attorney can assist you with evaluating what your workers’ compensation claim is worth.
Many times yes. Do not be pressured into thinking that workers’ compensation is your only avenue to recoup compensation for an injury or accident that took place at work. In many oil field injury cases, there may be a liable third party. This means that just because your injury happened while on the job – there may be another person or company liable to pay for damages not covered by workers’ compensation, like:
To learn more about what your non-economic damages are worth, discuss your oil field injury case with a Sand Law PLLC personal injury attorney.
The personal injury attorneys at Sand Law, PLLC will guide you through your oil field injury case step-by-step and fight to get you the financial compensation you deserve. The North Dakota oil field accident attorneys at Sand Law handle cases in Stark County, McKenzie County, Williams County, and throughout North Dakota.
We have experience representing hard-working North Dakotans in oilfield injury cases to get them the compensation they deserve. Don’t settle for less than you need and deserve for your injury. You can contact Sand Law today by filling out our online form or by calling us at 701-394-4250.
Being charged with a crime in North Dakota can be one of the most serious and stressful circumstances one faces during their life. It is important that you hire an experienced, well-respected North Dakota criminal defense attorney that will fight for your rights.
The attorneys at Sand Law, PLLC have handled countless criminal cases at all stages of litigation. From administrative hearings to jury trials, our lawyers provide tough, intelligent, and compassionate representation. Whether you have been charged with a low-level misdemeanor or a serious felony, you need a North Dakota criminal defense lawyer. Contact our office for a free initial consultation.
Click here to review our exceptional case results: View Our Recent Case Results
Criminal law is a system of rules that defines what is considered a crime and how the government might prosecute an individual that commits a crimes. Federal, state, and local governments all have different laws pertaining to different crimes. Something that is illegal on the federal level may be legal on the state level. For example, marijuana possession is legal in many states, however it is illegal at the federal level; that is, the United States considers it a crime.
Each of the these levels of government prohibit certain actions and have a defined punishment for that criminal offense. For example, if a person in North Dakota physically assaults another person, they may be charged with the state offense of assault. Individuals who violate a law can face many different punishments, including community services, restitution, monetary fines, probation, or incarceration in a county jail or state prison.
Like a personal injury lawsuit in which a person files a lawsuit against another person, in a criminal offense, the lawsuits is filed by the government against the alleged criminal. These proceedings are handled by someone known as a prosecuting attorneys who act on behalf of the government to enforce and prosecute the law.
A crime is “any act or omission of an act in violation of a law forbidding or commanding it”. What constitutes a crime is defined by statute (or a specific law); statutes vary from state to state and government to government.
[For a list of federal crimes, click here.]
[For a list of North Dakota criminal laws click here.]
Criminal laws in North Dakota can usually be characterized into two classes:
Felonies include serious crimes, like murder and are usually punishable by incarceration for a year or more. Misdemeanors are less serious criminal offenses and are punishable by probation, less than a year in jail, or fines.
North Dakota criminal laws typically break crimes down into:
In order to be convicted of a crime in North Dakota, a state prosecutor must prove that the defendant meets both of these elements. This means that a person must commit the unlawful act (actus reus) and must have done it intentionally or known it was wrong while doing it (mens rea).
A prosecutor cannot simple say that a defendant committed a crime, but instead must prove each and every element of a crime beyond a reasonable doubt in order for a defendant to be convicted.
First, it is important to conduct an in-depth case evaluation. That means that the very first thing our attorneys do is compile all of the discovery in your case. Discovery generally all police reports, witness statements, audio/video evidence, reports, and crime lab evidence. Out attorneys then go through the evidence with a fine-tooth comb, searching for any legal, factual, statutory, or constitutional issues. Depending on the facts of your case, it may be necessary to submit a motion to suppress evidence or to dismiss the case. That is why an in-depth review is vital to any case evaluation.
Next, we discuss your case with the prosecution and relay any potential plea agreement negotiations with you. From this point, discuss with you the best strategy moving forward. This may entail accepting a plea deal in order to avoid jail time or to keep a crime off of your record.
Finally, if after we discuss plea agreement options and decide it is in your best interest to forego that process – we take your case to trial. Our attorneys have an abnormally high success rate at trial, having secured multiple victories for both felony and misdemeanor cases.
[Click here for What You Need to Know when Arrested in North Dakota.]
We handle cases throughout the entire State of North Dakota. Sand Law PLLC has offices in:
We are strategically located to serve you legal needs. Not only do we serve the exact areas where we have offices. We serve all of the areas around each office and across North Dakota.
If you were arrested for driving under the influence (DUI) or for driving while intoxicated or impaired, for example driving while under the influence of alcohol or drugs in North Dakota, you need to get the help of a DUI attorney. A DUI or DWI charge could result in serious penalties and will definitely negatively affect your life. It may be expensive, it could cost you your job, you may have limited transportation options, and you could face other criminal penalties. A DUI attorney like Sand Law PLLC may be able to have your DUI or DWI charge reduced.
If you have been accused of willfully causing bodily harm to another person, you may be charged with assault in the state of North Dakota. You may be charged with simple assault or assault depending on the amount of injury you allegedly caused the victim. Assault can run the gambit on its level severity, including Aggravated Assault, Reckless Endangerment, Felony, and Misdemeanor. Assault can be classified as a Class B Felony, Class C Felony, Class A Misdemeanor, Class B Misdemeanor.
Possession of controlled substances can vary greatly in North Dakota and so can the penalties for possession. North Dakota classifies many drugs as controlled substances, like marijuana, cocaine, heroin, and methamphetamine. Illegally making, possessing, or selling drugs can be classified as misdemeanors or felonies and can cause serious disruption in one’s life. North Dakota classifies drugs into something called schedules, from Schedule I which are considered the most dangerous drugs to Schedule V which are considered the least dangerous.
Sex crimes are defined by violence during a sexual act, lack of consent, or engaging in a sexual act with an individual who is legally incapable of consent. Sex crimes can have serious consequences and may require incarceration and registration as a sex offender. This can seriously impact a person’s job, housing, and social opportunities.
North Dakota categorizes felony crimes into four categories: Class AA, Class A, Class B, and Class C. Class AA felonies are the most serious in North Dakota, while Class C offenses are the least serious.
For information on misdemeanors, see North Dakota Misdemeanor Crimes by Class and Sentences.
Felonies in North Dakota have a maximum possible penalty, meaning there is limit on the amount of punishment imposed. This depends on the class level:
Class AA: Up to life imprisonment without parole
A: Up to 20 years imprisonment and up to $10,000 in fines
B: Up to 10 years’ imprisonment and up to $10,000 in fines
C: Up to five years’ imprisonment and up to $5,000 in fines
Theft crimes involve the taking of the property of another with the intent to deprive them of it permanently. Theft is often categorized into two different categories: larceny and theft crime. Larceny is defined as: the unauthorized taking of another person’s property with the intent to permanently deprive them of the use of the property. So, the basic distinction between robbery and larceny is that robbery involves the use of force, whereas larceny doesn’t,
North Dakota’s state prosecuting attorneys must file criminal charges against the accused within a certain period of time. This limited time period is known as the criminal statute of limitations. These time limitations vary depending on the type of crime committed.
The time period usually begins on the day the crime was committed, but this can vary depending on the circumstances. This is to prevent someone from leaving the state in order to wait for the clock to run out, or some other similar circumstances. In those cases, the time limit would not begin until the person is living back in North Dakota and their location is known.
North Dakota’s Statute of Limitations helps to:
In North Dakota, there is no statute of limitations for murder. For child victims under the age of 15, the statute of limitations does not begin until they reach the age of 15. All misdemeanors in the state of North Dakota have a two-year statute of limitations.
More information about North Dakota Statute of Limitations can be found under Chapter 29-04.
To summarize the time limits that the state has to bring charges:
Statutes of Limitations for felonies vary based on the crime. The statutes of limitations in North Dakota for felony charges is three years.
For murder in North Dakota, there is no Statute of Limitations. For sexual abuse of a child, the statute of limitations is 21 years.
The North Dakota Statute of Limitations for misdemeanors is two (2) years.
If a minor victim was under the age of 15 at the time of the crime, the statutes of limitations doesn’t begin until they reach the age of 15. This adds years to the statutes for crimes against children.
If you or a loved one has been charged with a criminal offense in the state of North Dakota, contact the aggressive and experienced attorneys at Sand Law PLLC. We have the resources, experience, and zeal to defend our clients in the best way possible in order to dismiss or lessen your charge. Call 701-609-1510 or email us for a criminal case consultation.
With the constantly changing DUI laws in North Dakota, it is essential if you have been charged with DUI/APC that you contact a firm that can defend your rights to the full extent of the law.
Click to contact an experienced DUI attorney right away
In many other states, a DUI (Driving Under the Influence) is known as a DWI (Driving While Intoxicated). North Dakota takes a different approach to drinking and driving laws because under North Dakota law a driver can be UNDER .08% BAC (Blood Alcohol Concentration) and still be charged with a DUI. That is why it is important that you hire a law firm that understands the specific nuances of the law.
[What you need to know about DUI/DWI laws in North Dakota]
Here’s a look at how Sand Law North Dakota DUI Attorneys approach defending your case:
We provide you with a free consultation to discuss the circumstances of your particular case. Every case is factually unique, which means that every case contains unique legal issues. The consultation phase gives us a chance to get a jump start on your case before dealing with the prosecution or walking into the courtroom.
Once our firm receives the discovery information on your case, we dissect the complete case file for legal issues and constitutional deficiencies. Combined with the information gathered from you at your free consultation, this process affords us the opportunity to be one step ahead of the game.
Our attorneys are passionate about defending your legal rights. Whatever the circumstances of your case are, it’s our goal to provide you with the most effective representation possible.
The North Dakota DUI Law Firm handles the following levels of DUI offenses:
A North Dakota first DUI offense is a Class B Misdemeanor. A first offense could carry the following fines and penalties.
There is no minimum jail sentence for a first DUI offense unless your BAC level was .16% or greater. In these cases, there is a 2 day minimum jail term or 20 hours of community service. The fine amount for a first offense will typically be between $500 and $1,500 plus court costs. You will also be required to attend a DUI class. If you refuse a DUI test on your first offense, your license will be revoked for 1 year and you will not be eligible for a restricted license. A first offense conviction with a BAC level below .16% will result in your license being suspended for up to 91 days. For a BAC of .16% or greater, your license can be suspended for up to 180 days. In both cases, you may apply for a work permit after 30 days of your suspension.
A North Dakota second DUI offense is a Class B Misdemeanor and must be committed within 7 years of the first offense to count as a second offense. A second offense could carry the following fines and penalties.
A second DUI offense will result in a mandatory 10 day jail sentence, or up to 30 days of community service. Some of the jail time, if sentenced, can be served under house arrest. The minimum monetary fine for a second offense is between $1,000 and $1,500 plus court costs. You will also be required to attend a DUI class. If you refuse a DUI test on your second offense, your license will be revoked for 3 years and you will not be eligible for a restricted license. A second offense conviction with a BAC level below .16% will result in your license being suspended for up 1 year. For a BAC of .16% or greater, your license can be suspended for up to 2 years. You will not be eligible for a work permit for a second DUI offense.
A North Dakota third DUI offense is a Class A Misdemeanor. A third offense could carry the following fines and penalties.
A third DUI offense will result in 120 days to 1 year in jail. Some of the jail sentence can be served under house arrest and up to 60 days of the jail sentence may be suspended if you complete an alcohol program. The minimum monetary fine for a third offense is between $2,000 and $3,000 plus court costs. You will also be required to attend a DUI class.
If you refuse a DUI test on your third offense, your license will be revoked for 5 years (if your previous 2 were within 7 years) and you will not be eligible for a restricted license. A third offense conviction with a BAC level below .16% will result in your license being suspended for up 2 years. For a BAC of .16% or greater, your license can be suspended for up to 3 years. You will not be eligible for a work permit for a third DUI offense.
A North Dakota fourth DUI offense can be charged as a Class C Felony. A fourth offense could carry the following fines and penalties.
A fourth DUI offense will result in a minimum of 1 year in jail, up to 5 years. Up to 4 of those years may be waived with the completion of an alcohol treatment program. The minimum monetary fine for a fourth offense is between $2,000 and $10,000 plus court costs. You will also be required to attend a DUI class. A fourth offense conviction with a BAC level below .16% will result in your license being suspended for up 2 years. For a BAC of .16% or greater, your license can be suspended for up to 3 years. You will not be eligible for a work permit for a fourth DUI offense.
Operating a commercial motor vehicle in the state of North Dakota while under the influence, or failing to submit to a blood alcohol test, will be arrested for DUI and their commercial driver’s license (CDL) will be revoked for 1 year. A second CDL DUI offense will result in your CDL being revoked permanently. If you were operating a commercial vehicle that was carrying hazardous materials at the time of your DUI, your CDL will be revoked for 3 years. Like any other CDL DUI second offense, a second DUI while carrying hazardous materials will result in permanent revocation of the CDL.
Once you completed the required steps and penalties for a DUI in North Dakota, you will be required to get SR22 auto insurance. SR22 is a high risk auto insurance policy that often costs more than regular insurance and helps to protect other drivers on the road since a convicted DUI offender is a proven hazardous driver. Before the North Dakota DMV will reinstate your license after revoking it for a DUI offense, you will be required to file an SR22 form to prove you have the necessary insurance coverage. In most cases, you will be required to carry SR22 coverage for a period of 3-years.
For a DUI offense to be charged as a felony in North Dakota, the driver must have at least three prior DUI offenses within the past fifteen years. This law was recently updated, since prior to 2013, prosecutors could charge a person with a felony if they had three prior DUI offenses within their entire lifetime.
The fifth time you are arrested and convicted of DUI in North Dakota you will most likely be charged with a Class C Felony.
Most drunk driving cases in North Dakota are treated as a misdemeanor, as we have covered above. However, a DUI offense could be elevated to a felony depending upon other factors.
For example:
Yes, sobriety checkpoints (aka DUI checkpoints or stops) are legal in the North Dakota. Sobriety checkpoints are prearranged law enforcement events where officers set up on a roadway stop to randomly check drivers for DUI and other illegal activities. Sobriety checkpoints are usually set up on high risk days, like New Years Eve, the Super Bowl, or The Fourth of July. They may also be used to curb DUIs on notoriously dangerous roads or areas, or after the town or area sees a spike in DUI arrests. According to the North Dakota Prevention Resource and Media Center, sobriety checkpoints are supported by over 71% of North Dakotans.
North Dakota has an implied consent law. This means that by having a driver’s license, you have already consented to taking a DUI test. Driving is considered a privilege provided by the state, not a human right. If you refuse to submit to a DUI test you may be fined and will have your license automatically suspended.
For your first offense, your license will be revoked for 1 year. For a second offense within 5 years, your license will be revoked for 3 years. If you receive a third offense with two in the last 5 years, your license will be revoked for 4 years.
A DUI charge in North Dakota is a serious offense that could affect your future, finances, and employment. Even if this is your first DUI–or if you have had other DUI offenses in the past, caused property damage, injuries, or endangered a child–you may have aggravating circumstances that will definitely require the help a DUI attorney.
If you were charged with a DUI and are innocent, meaning you were not drinking at all, but failed the field sobriety test or the BAC test, then hiring a DUI attorney is crucial to proving your innocence. Do not try to represent yourself if you plan to argue your innocence in front of a court; seek legal counsel.
A DUI attorney will help you to prepare for court, complete requirements prior to your court appearance, file the proper forms with the DMV, and help you to complete any alcohol education or treatment programs required by North Dakota to regain your driving privileges.
Sand Law’s DUI attorneys will guide you through the DUI court process and help you to avoid as many of the penalties and inconveniences as possibles.
With offices in Williston, Watford City, Minot, and Bismarck, we are strategically located to handle DUI, DWI, and APC cases throughout the State of North Dakota.
If you or a loved one has been has been charged with a DUI in North Dakota, contact the aggressive and experienced attorneys at Sand Law PLLC. Call 701-609-1510 or email us for a DUI case consultation.
