Personal Injury Archives

Fargo Child Injury Attorney

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Every parent knows how easy it can be for a child to suffer an injury. They could be hurt on a playground, in a car accident, or they can be struck by a vehicle while riding their bicycle. A child can even be severely injured while playing with their favorite toy.

When this happens, parents often have no idea where to turn. How are they going to possibly be able to pay for their child’s medical care? How will they be able to handle losing money because of the time they’ll have to miss from work?

If your child has been hurt due to someone else’s negligence, the personal injury attorneys with Sand Law will be here for you. We’ll work passionately to gather the proof it will take to make your case as strong as possible. You’ll have the best opportunity to obtain the compensation you and your child deserve as a result.

Please get in touch with our firm as soon as you can to learn more about how we may be able to help. You can give us a call at 701-609-1510 to schedule a free consultation, or you can contact us online.

Child Injury Statistics

The numbers are staggering when it comes to child injuries. It’s estimated that 10 million people aged 19 and younger across the U.S. require emergency medical treatment. That’s almost 28,000 every day. Falls are the leading cause of nonfatal injuries. These injuries account for about 8,000 emergency room visits each day.

Tragically, accidents are also the leading cause of death for those between the ages of 1 and 19. More than 7,000 accidental deaths occurred among this age group in 2019 alone.

Safety First: Preventative Measures for Child Safety

Children, with their innate curiosity and limited understanding of risks, are especially vulnerable to injuries. Parents, caregivers, and institutions responsible for children should prioritize safety.

This includes childproofing homes, ensuring toys are age-appropriate, and regularly inspecting play areas for potential hazards. Proper supervision, especially in high-risk areas like swimming pools or busy streets, is crucial. By being proactive and staying informed about child safety, many injuries can be prevented.

Types of Child Injury Cases

Children can be hurt in a wide variety of ways. In many instances, they’re hurt because of someone else’s negligence. Here are just a few examples.

Birth Injuries

Doctors will sometimes use excessive force when trying to remove a baby from the mother’s birth canal. This can result in devastating injuries that can lead to a lifetime of debilitation. If a medical professional commits this or any type of error, and a severe injury occurs due to that error, the parents may be able file a medical malpractice lawsuit.

Head Injuries

Any kind of fall can lead to a traumatic brain injury, or some other type of severe head injury. If an investigation into the accident shows that the fall occurred due to negligence, an attorney may be able to pursue a personal injury lawsuit on behalf of both the parents and the child. This type of lawsuit could provide compensation for past medical treatment and other expenses, as well as future expenses for treatment that will likely be needed in the future.

Motor Vehicle Accidents

Even when children are in child car seats, they can still suffer horrible injuries should an accident occur. More than 600 children age 12 and younger tragically lost their lives in car accidents in 2019. And more than 90,000 children suffered injuries. An attorney can conduct an investigation into any car accident that led to your child being severely injured or killed. They’ll gather the evidence needed to hold all negligent parties accountable.

Poor Supervision

When you leave your child at school, a daycare facility, someone else’s home, a community swimming pool, or anywhere else, you expect there to be responsible adults who will supervise them. Unfortunately, these adults sometimes shirk their responsibilities, and a child is seriously hurt as a result.

Defective Products

Nearly 45,000 children 5 years old and younger had to go to the hospital in 2020 due to some sort of defective product. They could have fallen out of a poorly designed highchair or a crib, or suffered some type of injury due to a defective stroller. Children are commonly hurt by toys that present choking or other hazards due to defective design or manufacturing. You may be entitled to compensation from the manufacturer if it can be proven that their negligence led to your child’s injury.

Who’s Liable for My Child’s Injuries?

There are actually many different parties that could face liability for your child’s injury. It depends on the circumstances surrounding the accident.

Suppose you were in a car accident caused by a drunk driver. You might be able to sue not only the driver, but also the establishment that over-served that person. Your child may have been injured when your car was hit by a truck driven by a fatigued driver. Or, the truck’s brakes may have failed due to negligent maintenance. In either of those situations, you may be able to take legal action against the trucking company.

If your child was hurt in an accident that occurred at a daycare center, you may be able to file a lawsuit against the company that runs the daycare. If a babysitter or nanny was negligent, and that negligence led to an injury, then you may be able to file a lawsuit against that person.

negligence led to your child’s injury.

Filing a Personal Injury Lawsuit on Behalf of Your Child

No matter what the cause of your child’s injury, you’ll need the help of a skilled personal injury attorney to have the best possible chance of obtaining compensation. Not only will an attorney be able to investigate the accident and uncover critical evidence. But they can also negotiate on your behalf with insurance companies.

The vast majority of personal injury lawsuits are settled out of court. However, insurers aren’t often willing to offer a fair settlement. In these cases, your attorney will be ready to prove your case in a court of law.

Contact Sand Law PLLC to Schedule a Free Case Consultation

The attorneys with Sand Law believe that any sort of child injury is one of the worst kinds of personal injury cases we see. When someone else’s carelessness leads to that injury, we do all we can to make sure they face full accountability for their negligence.

If your child has been severely hurt due to the negligence of another, contact us online or call 701-609-1510 for a free case review.

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Fargo Construction Site Injury Attorney

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Since it’s one of the most dangerous professions on the planet, it’s no wonder that construction accidents can have devastating – even deadly – consequences. Whether a person is building an office complex or working on a road construction project, they have to deal with incredible risks on a daily basis.

Where do you turn if you’ve been severely injured in a construction accident and you’re having trouble getting the compensation to which you’re entitled? Your first move should be to get in touch with Sand Law. Our attorneys have a great deal of experience in this area of the law. And we’ve helped many workers get the money they deserve. We may be able to do the same for you.

If you would like to schedule a free consultation with one of our legal representatives, please don’t hesitate to give us a call at 701-609-1510 or use our online contact form.

Construction Site Accident Statistics

Hundreds of workers die in construction accidents each year by various causes. According to the Centers for Disease Control, 991 workers died in construction work-related accidents. Of these 991 fatalities, the following four causes are the most common:

Falls: 401 fatalities
Incidents where workers were struck by objects: 170 fatalities
Electrocution: 79 fatalities
Crushing by being caught in/between machinery: 59 fatalities

Common Causes of Construction Accidents

Again, the risks construction workers face every day they’re on the job are almost impossible to comprehend for someone who isn’t in the profession. These are just a few of the more common ones.

Falls. Not only do falls account for the highest percentage of workplace accident fatalities, they’re also the most common form of workplace accident. They will typically occur when a worker falls from a roof, a ladder, scaffolding or some other elevated area. While safety equipment can sometimes mitigate the severity of a fall-related injury, most of the time there is no sort of safety net that can be provided.
Accidents involving machinery. Just about every machine used on a construction site is dangerous in one way or another. While workers typically undergo intensive training on the safe operation of machinery, mistakes can still happen, leading to horrific accidents.
Vehicle accidents. As you well know, street and highway construction can seem to be a never-ending occurrence in a larger city such as Fargo. Traffic sometimes has to be diverted but not all motorists comply. Truck drivers on deadlines, or impatient motorists, will sometimes ignore detours and plow into workers.
Slips. Try as they may to keep a construction site well organized, it’s almost impossible to keep it completely clear of obstructions. Workers constantly deal with tripping or slipping hazards, and often suffer severe injuries when they can’t avoid them.
Electrocution. Many types of construction projects will often take place near dangerous power lines, or other sources of electricity. Even though the vast majority of companies and workers follow the proper safety precautions, electrocutions still occur.

Construction Site Accident Injuries

As you can tell, construction site accidents can lead to terrible, life-altering injuries. These include the following:

Broken bones
Back, neck and spinal cord injuries
Severe burns
Illnesses due to prolonged chemical exposure
Traumatic brain injuries
Eye injuries

Who’s Liable for Injuries at a Construction Site?

These kinds of injuries can obviously lead to permanent disabilities, endangering the financial future of not only the victim, but the victim’s family as well. There are several potential parties that could share responsibility for an accident that results in a severe injury. Here are just a few.

The owner of the site. This person is supposed to have control over every facet of a construction project. When an accident occurs that could have been prevented, that owner could be held responsible.
Contractors. There are many instances where both general contractors and subcontractors will perform work on a construction site. They have a legal duty to make sure working conditions are safe. When they fail in that duty, they may also face liability for an accident.
Manufacturers. If an accident occurs because a product was either negligently manufactured or designed, the company responsible for that faulty piece of equipment could also be liable.

Personal Injury Claims and Workers’ Compensation

Workers’ comp can be an extremely complicated situation – as you might already know first-hand. The NDWSI (North Dakota Workforce Safety and Insurance) is a state-run fund that administers compensation for all injuries suffered in workplace accidents. The way this system works is what can sometimes make claims very complex.

The fund is designed to make it easy for injured workers to get their money fast. In many instances, it does just that. In others, however, the NDWSI comes up short. The fund is supposed to provide coverage for medical treatment that is considered to be “reasonable and necessary.”

If someone suffers a relatively minor injury, one that only requires them to miss work for a few days, the system usually works pretty well. When a severe injury occurs, however, one that will keep the worker from ever being able to return to their previous job, the opposite is true. It can be a frustrating, stress-filled experience for an accident victim.

Even if a worker can go back to their employer, they may not be able to go back to their original position due to their injury. They might have to move to a lower-paying position, losing a great deal of earning potential in the process. NDWSI will often cut off benefits long before the worker has received proper compensation.

One potential remedy in this situation is to consult an attorney to see if a lawsuit could be filed against a third party that contributed to the accident. Examples include the subcontractors or manufacturers mentioned in the previous section.

The Emotional Toll of Construction Site Accidents

Beyond the immediate physical injuries, construction site accidents can have profound emotional and psychological effects on workers. The trauma of an accident can lead to anxiety, depression, and even post-traumatic stress disorder. Workers might also experience a fear of returning to the site or operating certain machinery.

Recognizing and addressing these emotional scars is crucial for the holistic recovery of the injured worker. Support groups, counseling, and therapy can be beneficial in navigating these emotional challenges.

How to File a Personal Injury Claim Against Your Workplace

There is also the possibility that your employer committed gross negligence, meaning they were so blatant in their disregard for workplace safety that a horrible accident was almost inevitable. There are also steps you can take if your workers’ compensation claim is denied. Again, you’ll need to work with an attorney to have the best possible chance of succeeding.

Contact Sand Law PLLC to Learn More Today

If you were hurt at work and you don’t know where to turn to obtain the full and fair compensation you deserve, please contact Sand Law online or call 701-609-1510.

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Fargo Catastrophic Injury Attorneys

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For many people, a truck accident, a bicycle accident, or being harmed by a defective product can be a life-changing event. They suffer injuries that are so severe, they will never be the same. Some will be unable to return to work, or the activities they once loved. Others will be hurt so badly they won’t even be able to perform basic, everyday tasks, like bathing or even brushing their teeth.

These injury victims will need incredibly expensive medical treatment for the rest of their lives, and they’ll experience other monetary losses as well. How can they obtain the compensation they’ll need to make up for those losses? By filing a personal injury lawsuit against the negligent party that caused their suffering.

Sand Law attorneys have years of experience fighting – and winning – these kinds of cases. We will do everything possible to ensure your rights are always protected, and that you have the best chance possible of getting all of the money to which you’re entitled.

If you would like to learn more about what we may be able to do for you, please contact us online or call 701-609-1510 for a free review of your case.

What is a Catastrophic Injury?

The name basically says it all. A catastrophic injury is a true catastrophe for the victim. It’s not only catastrophic because it is so severe, but also the extensive medical treatment that will be needed for years to come. Catastrophic injuries are debilitating, oftentimes leading to decades of disability. They will often require a series of surgical procedures, as well as years of excruciating pain. Many victims have to go through grueling physical therapy as well in an effort to regain even a small percentage of their functioning.

Safety First: Preventing Catastrophic Injuries

While not all catastrophic injuries can be prevented, awareness and precaution can reduce risks. Whether it’s adhering to traffic rules, wearing protective gear while engaging in sports, or being vigilant in potentially hazardous environments, proactive safety measures can make a difference. Education and awareness campaigns can also play a role in community-wide prevention efforts, ensuring safer environments for all.

Types of Catastrophic Injuries

There are many, many kinds of injuries that can be labeled catastrophic. These are just some of the ones that are more common in personal injury cases.

Traumatic brain injury (TBI). A TBI can be devastating, completely robbing a victim of their ability to remember names, or even remember how to do simple things, such as prepare a meal. When a victim’s head strikes a hard surface, that person will be at a significant risk for a TBI. The impact can cause severe tearing of brain tissue, which can lead to permanent damage. TBI victims can lose control of the parts of the brain that control emotions, and be prone to lashing out in anger as a result.
Neck injuries. Neck injuries can be so severe that a victim will be unable to go back to work – at least not in the same position they held before their accident. Victims will sometimes suffer from neck pain that is so severe, and so constant, that they have to turn to powerful medications. In some instances, these medications can lead to dependence, and ultimately addiction.
Spinal cord injuries. Personal injury accidents can damage the spinal cord so badly that a victim will lose sensation – or even movement – in their extremities. They may find themselves confined to a wheelchair, or even a hospital bed, for the remainder of their life.

Personal Injury Accidents that Cause Severe, Life-Altering Injuries

Any sort of accident caused by the negligence of someone else is considered a personal injury accident. These are just a few examples.

Car Accidents

Motorists can cause car accidents that lead to catastrophic injuries by behaving in a reckless manner. They can travel at speeds that greatly exceed posted limits, or make dangerous, sudden lane changes without giving other drivers a chance to react. Negligent drivers can also cause accidents while using their phones to talk or text while behind the wheel, or by driving while impaired.

Truck Accidents

As horrible as car accidents can be, truck accidents can be even worse. The force of an 80,000 pound commercial truck slamming into a vehicle that’s a fraction of that weight is incredible. It doesn’t take much of an imagination to see how much damage that force can do to the human body.

Slips and Falls

Imagine walking through a grocery or retail store and having a slip, trip, or fall over liquids or objects blocking the walkway. It’s a frightening, terrible experience. And one that can lead to a person’s head striking a hard surface with so much force they suffer severe head trauma. As you’ve already learned, this trauma can often lead to permanent debilitation.

Recovering Maximum Damages for Your, Personal Injury Claim

The medical bills and lost wages mentioned earlier are examples of “damages,” the legal term for monetary losses. If you suffered an injury due to the negligence of another person or entity (such as a trucking company, or the manufacturer of a defective part), you’ll need to take legal action in order to recover your damages.

This will require the help of a skilled personal injury attorney. You’ll need that help in order to obtain the evidence needed to prove you weren’t to blame, and deserve every penny you’re demanding as a result.

Why Following Your Medical Treatment Plan is Absolutely Necessary

You’ll have to follow the advice of your doctors to the letter. Not only will this be important to your physical health, it will also be vital to your personal injury claim. Insurance companies look for any excuse they can to reduce the amount of money they have to pay injury victims. In a perfect world, they’ll be able to deny your claim entirely.

If you don’t follow your doctor’s treatment plan, you could damage your case beyond repair. If that happens, you’ll be unable to obtain the money you need to recover financially.

Catastrophic Injuries Affect Quality of Life

As stated earlier, a catastrophic injury can basically ruin a person’s life. If this has happened to you, it’s an unfortunate fact that you very likely won’t be able to do the things you once loved. You may not be able to go hiking or skiing, or you might not be able to play tennis any longer. If your injury is especially severe, you could find it almost impossible to do things you once took for granted, like being able to dress yourself, or tie your own shoes.

The Journey of Rehabilitation and Long-Term Care

Catastrophic injuries often require more than just immediate medical attention. Victims might need extensive rehabilitation, from physical therapy to regain mobility to occupational therapy to relearn daily tasks.

Some might require long-term care, either at specialized facilities or at home, necessitating modifications to their living spaces and routines. Understanding the potential journey ahead can help victims and their families prepare both emotionally and financially.

The Ripple Effect: Impact on Families and Loved Ones

When someone suffers a catastrophic injury, it’s not just their life that’s altered. Families and loved ones also face significant changes. They might become caregivers, adjust their work schedules, or even grapple with their own emotional trauma.

Financial strains, coupled with the emotional toll of seeing a loved one in pain, can be overwhelming. It’s essential to recognize this broader impact and seek support, both legally and therapeutically, for the entire family.

When Should You Contact a Personal Injury Attorney?

Regardless of how you’ve been hurt in an accident that wasn’t your fault – in a car wreck, a slip and fall, or being struck by a motorist while simply taking a walk – you deserve fair and full compensation. The attorneys with Sand Law will work to help you get that compensation.

It will be critically important that you contact us as fast as you can so we can start investigating the accident that led to your injury. The sooner the investigation begins, the better the chances we will be able to uncover the evidence needed to make your case its strongest.

We can take care of all the aspects of your case, allowing you to focus on recovering to the very best of your abilities. This is obviously a very stressful situation. We’ll do everything we can to relieve as much stress as possible, while fighting to make sure you receive the money you have coming to you.

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Fargo Bicycle Accident Injury Attorneys

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There are a lot of things you should do if you’ve been injured in a bicycle accident that wasn’t your fault. After getting medical attention, as well as making sure anyone else involved in the accident is taken care of, the most important thing will be to get in touch with a skilled bicycle accident attorney as fast as you can.

Sand Law has a team of them. We have a long track record of success helping people who have been injured in not only bicycle accidents, but car accidents, truck accidents and more. When you choose our firm, you can rest assured that we’ll work incredibly hard to help you obtain the fair compensation you deserve.

If you would like to schedule a free review of your case, please don’t hesitate to give us a call at 701-609-1510 or use our online contact form.

How Common are Bicycle Accidents in Fargo, North Dakota?

Bicycle accidents involving a motor vehicle are relatively rare. In 2019, there were 81 bicycle/motor vehicle accidents reported across the state. Of these, two fatalities were reported.

Despite the relatively low number of these accidents, 81 is still too many. And the two deaths that occurred that year are tragic for their loved ones. Even though North Dakota has a low number of bicycle accident fatalities, our state also has a fairly small population. So, the rate is similar to that found in larger states. In general, however, the good news is that the state is typically a safe place to ride a bike.

Bicycle/vehicle accidents are entirely avoidable in the vast majority of instances. To lower the rate of bicycle accdents, motor vehicle drivers should always:

Look before turning, especially when turning right at a red light.
Check for bicyclists when at a stop sign or in a parking lot.
Yield to bicyclists.

Common Causes of Fargo Bike Accidents

Bicyclists, of course, are among the most vulnerable users of the road. When they are involved in an accident, it’s typically because of the negligence of a motorist. Everyone – bikers and drivers – owes a duty of care to all others sharing the road. This “duty of care” simply means that everyone on that road has to operate their vehicle in the safest manner possible.

When someone violates that duty and hurts someone as a result, that’s known as negligence. Here are just a few examples of negligence that can result in a bicycle accident.

Driving while distracted can have devastating consequences. People who text, talk with others, eat or just aimlessly look out the window while behind the wheel are a danger to everyone nearby.
Motorists who drive while intoxicated are also a major threat, not only to bicyclists but other drivers.
Other causes of bicycle accidents include speeding, reckless driving, merging without looking and more.

North Dakota Bicycle Helmet Laws

There are several state laws that refer to riding a bicycle in North Dakota, but wearing a helmet isn’t among them. Not only are adults not required to wear one, the law doesn’t even require children to have head protection when they’re on a bike.

But just because you don’t have to wear a helmet, that doesn’t mean it’s not a good idea. A sturdy, properly fitted helmet could very well make the difference between life and death if you’re ever hit by a car.

Another thing to consider is that an insurance company might make it much harder for a bicyclist to obtain compensation if they’re in an accident and they don’t have proper headgear. If an accident case gets to trial, the jury might not be as willing to give an accident victim the money they deserve.

After all, if the bicyclist didn’t bother to wear a helmet, why should they receive all the money they’re demanding? We’re not saying this is right or fair. It’s just how some jury members think.

Rights of Bicyclists and Motorist Responsibilities

In Fargo, North Dakota, bicyclists have the same rights and responsibilities as motorists. They’re entitled to use the road and should be given the appropriate right of way. Motorists must maintain a safe distance when passing bicyclists and should always check for them before opening car doors or making turns. Understanding and respecting each other’s rights can significantly reduce the risk of accidents.

Essential Safety Tips for Bicyclists

Bicycling, while an eco-friendly and healthy mode of transportation, requires vigilance and precaution. Bicyclists should always wear reflective clothing, especially during low-light conditions.

Using hand signals to indicate turns and checking blind spots before changing lanes can prevent misunderstandings with motorists. Regular maintenance checks, ensuring brakes and lights function properly, and avoiding distractions like headphones can also enhance safety on the road.

Common Injuries Caused as a Result of Bicycle Accidents

This leads into the one of the most common injuries people involved in a bicycle accident experience – traumatic brain injury. This will oftentimes result in long-term debilitation, with victims unable to perform even the most basic everyday tasks. Other common bicycle accident injuries include the following:

Neck injuries. Any sort of neck injury can lead to severe pain that lasts for an extended period of time. A victim’s neck can violently snap back and forth, leading to whiplash. This injury can result in stiffness, muscle spasms and terrible discomfort for a year or even longer.
Spinal cord injuries. Sometimes, a bicycle accident is so serious that the rider suffers spinal cord damage. This, of course, can lead to permanent paralysis and a substantial loss of quality of life.
Broken bones. A broken leg or arm will more than likely heal eventually, but this kind of injury might require surgery. A victim will probably not be able to work for several weeks or months as a result.

Damages You Can Recover in a Personal Injury Claim

When you can’t work for a long time, you’re eventually going to run out of sick days and vacation days. Eventually, you’re going to lose money – a lot of it. You’ll also, of course, face a mountain of medical bills. Lost wages and medical expenses are known as damages, or financial losses.

Lost wages and medical bills are examples of economic damages. They’re tangible, and can be easily calculated. But there are also non-economic damages. Someone with a severe brain injury, for example, may also suffer from profound mental anguish because they can no longer function normally. Victims may be able to obtain compensation for these and several other non-economic damages as well, such as loss of earning capacity, pain and suffering, and many others.

Navigating the Long-Term Aftermath of a Bicycle Accident

The immediate aftermath of a bicycle accident can be overwhelming, but the long-term impacts can be equally challenging. Victims might require ongoing physical therapy, counseling to cope with trauma, or even vocational training if they can’t return to their previous jobs.

Some might need to make modifications to their homes or vehicles to accommodate new physical limitations. Recognizing these potential challenges and seeking appropriate support, both legally and medically, is crucial for a holistic recovery.

Why Hire an Experienced Bicycle Accident Attorney in Fargo, ND

If you’re going to have a realistic chance to obtain the compensation needed to pay for your damages, you’re simply going to have to have an experienced attorney by your side. Sand Law attorneys have that experience, and we’re more than willing to help. Schedule a consultation by contacting us online or calling 701-609-1510.

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Fargo Personal Injury Attorneys

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Any kind of accident can be devastating, whether it’s a motorcycle accident, a car wreck, or even an accident involving a defective product. Knowing that your accident was caused by the negligence of another party can make things even worse.

If this happened to you or someone you love, you’ll need to get in touch with a skilled, experienced personal injury attorney as soon as possible. Doing so will be your best – and possibly only – chance of obtaining the money you deserve from those responsible for your suffering.

At Sand Law, we have a team of passionate attorneys who know how to win. We’ve established a long track record of success in a wide range of personal injury cases, and we’re ready to do the same for you. If you would like to learn more about us, or you would like to schedule a free consultation, use our online contact form or give us a call at 701-609-1510.

Personal Injury Accident Statistics: US vs. North Dakota

Some of the most common types of accidents that result in personal injury cases involve vehicles. Here’s a brief look at how often car, truck, and motorcycle accidents occur in the U.S. and North Dakota.

In 2019, more than 36,000 people died in car accidents in the U.S. – a rate of 11 fatalities per 100,000 people. There were 100 fatalities in North Dakota that year, a rate of 13 deaths per 100,000 residents.
There were 5,005 U.S. fatalities due to truck accidents in 2019. In North Dakota, 21 truck accident fatalities occurred, – 15.6% of all vehicles involved in fatal crashes were large trucks.
U.S. roads have never been deadlier for motorcyclists. In 2020, 5,458 motorcycle fatalities occurred – the highest number on record. Tragically, North Dakota was not spared, as 11 bikers lost their lives.
Motor vehicle crashes are the leading cause of injury-related death in North Dakota.
In 2021, there were 14,417 motor vehicle crashes in North Dakota, resulting in 101 fatalities and 3,184 injuries.
Of those injured in motor vehicle crashes in 2021, 1,714 were hospitalized and 139 were permanently disabled.
Vehicle occupants without a seatbelt account for the largest percentage of fatalities in motor vehicle crashes in North Dakota. In 2021, 51% of people killed in motor vehicle crashes were not wearing a seat belt.
Falls are the second leading cause of injury-related death in North Dakota. In 2021, there were 185 deaths from falls in North Dakota. Of those killed in falls in 2021, 65% were age 65 or older.
Work-related injuries are the third leading cause of injury-related death in North Dakota. In 2021, there were 10 work-related fatalities in North Dakota.
The most common types of work-related injuries in North Dakota are strains, sprains, and tears.
Agriculture is the industry with the highest fatality rate per 100,000 workers in North Dakota.
Construction is the industry with the largest number of preventable fatal injuries in North Dakota.
Children and adolescents are at increased risk for injury. In 2021, there were 13,938 injuries to children and adolescents in North Dakota.
The most common types of injuries to children and adolescents in North Dakota are falls, motor vehicle crashes, and sports-related injuries.
Older adults are also at increased risk for injury. In 2021, there were 13,465 injuries to older adults in North Dakota.
The most common types of injuries to older adults in North Dakota are falls, motor vehicle crashes, and hip fractures.

What is a Personal Injury Accident?

A personal injury accident is an accident that results in bodily harm due to someone else’s negligence. It could be a trucking company failing to check a truck’s brakes, which fail and causes a severe injury. It could be a distracted driver causing an accident. Here are just a few examples.

Car Accidents

Thankfully, most car accidents are typically minor fender-benders. One person exchanges insurance information with the other, they file a claim, and that’s about it. Other times, however, car wrecks are anything but minor, leading to severe injuries or worse. Most of the time, accident victims will have to hire personal injury attorneys in order to get the compensation to which they’re entitled.

Truck Accidents

While car accidents are often minor, a truck accident will typically result in horrible consequences. The main reason is the sheer size difference between the vehicles involved. Many times, trucking accident attorneys will find that not only the truck driver is to blame but also the trucking company and the manufacturer of a part that failed.

Motorcycle Accidents

Even though the open road is awesome, bikers know they’re at risk every time they go for a ride. There are many differences between motorcycle and car wrecks in that the motorcyclist will more often come out with much more severe injuries. Motorcycle accident attorneys know how to deal with some of the unique complexities involved with these kinds of collisions.

Pedestrian and Bicycle Accidents

No one should have to worry about being struck by a car when they’re on a leisurely walk, or taking their bicycle out on a gorgeous spring day. Unfortunately, these kinds of accidents occur far too often. At Sand Law, we have an extensive amount of experience helping pedestrians and bicyclists injured through no fault of their own.

Dog Bites

As much as we love dogs, they can sometimes act in horribly dangerous ways. A dog bite attack can be severe, leading to a lifetime of debilitation – or even worse. If this has happened to you, you will need the help of an attorney who knows how to hold negligent dog owners accountable for a victim’s injuries.

Slip and Fall Accidents

There’s nothing much more frightening than to suddenly have your feet come out from under you and hit your head on an unforgiving surface, such as a hard grocery store aisle. These kinds of accidents are usually due to someone failing to make sure a highly trafficked area is completely safe. When this happens, a seasoned slip and fall attorney can make that negligent party pay.

Medical Malpractice

Before a medical malpractice accident happens, most people trust doctors implicitly. They have no reason not to. Unfortunately, doctors, nurses, and other medical professionals make mistakes or act with negligence. When they make a mistake that results in an injury, it’s called medical malpractice. These mistakes aren’t made with the intent to harm.

Common examples of medical malpractice include medication errors, misdiagnosis, delayed diagnosis, birth injuries, surgical errors, and more.

Nursing Home Abuse

Nursing homes are supposed to be safe places for our senior relatives. Unfortunately, sometimes abuse or negligence may occur. Abuse can be physical, mental, financial, or sexual. Common examples of nursing home abuse include yelling at or harassing residents, physically injuring residents, manipulating money away from them, or neglecting their needs.

Daycare Abuse

Daycares, unfortunately, aren’t all perfect safe havens for our children. Some of them have less than the best standards when it comes to care and hiring. While some direct abuse occurs in daycares, negligence is often the cause of accidents. Children may be malnourished because a caretaker forgets to feed them. They may fall and hurt themselves on the playground because someone isn’t watching.

Injuries Caused by Personal Injury Accidents

When someone is the victim of one of the types of accidents listed above, the effects can last for the rest of their life. These kinds of injuries typically don’t get better on their own – they require years of extensive – and expensive – treatment. These are just a few examples of the kinds of catastrophic injuries that can occur due to negligence.

Bone fractures
Internal injuries
Amputations
Traumatic brain injuries
Eye injuries
Severe neck and back injuries
And many others

How to File a Personal Injury Claim

Your first move after being injured – after getting the medical help you need, of course – should be hiring a personal injury attorney. A legal representative will get to work investigating the accident, uncovering the evidence needed for you to be able to recoup your damages or losses. These include tangible losses, such as medical bills and lost wages, as well as intangible, so-called “non-economic” damages. Pain and suffering, and mental anguish are just two examples.

How Much Will My Settlement Be?

No reputable personal injury attorney will ever promise a client that they’ll win their case, much less win a specific amount of money. However, seasoned legal representatives will have a general idea of how much your case will be worth. Factors that will determine your case’s value include the severity of your injury, your lost present and future income, and the type of treatment you’re receiving now – and the treatment you’ll likely need for the near and distant future.

Do You Need to Hire an Attorney?

The simple answer is “yes.” Again, an experienced attorney will provide your best chance of obtaining fair compensation. Sand Law has a team of such attorneys, and we’re ready to help. Call 701-609-1510 or contact us online for a free case review.

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Legal Jargon Unpacked: A Glossary of Common Personal Injury Terms

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You might consider taking legal action if you suffer an injury due to someone else’s negligence. If you do, you’ll see a lot of personal injury terms you might not have encountered before. The following are a few of those terms and their definition.

The attorneys with Sand Law can help you get the money you deserve. We’ll also help you navigate the complexities of a personal injury lawsuit. Call 701-609-1510 or contact us online for a free consultation.

Common Personal Injury Terms and Their Definitions

These are some of the terms that most commonly crop up in personal injury cases, and brief definitions of each.

Plaintiff

This person takes legal action by filing a lawsuit or a formal complaint in court. They believe that someone else’s actions have caused them harm, and they want the court to provide a remedy or compensation. If you take legal action, you’ll be the plaintiff.

Defendant

The defendant is the person or entity the plaintiff is accusing of causing the harm the plaintiff suffered. They’re the ones who have been sued in the legal case and must defend themselves against the plaintiff’s claims.

Tort

A tort is a legal term for a wrongful act or an action that causes injury to another person. This wrongful act can take many forms, from something as common as a car accident to more complex situations like medical malpractice. When someone commits a tort, they can be held legally responsible for the harm they caused.

Negligence

Negligence occurs when someone fails to exercise reasonable care in their actions or behavior, and as a result, they cause harm or injury to another person. It’s a failure to be as careful as a reasonable person would be in a similar situation. Proving negligence in a personal injury case requires demonstrating all four elements.

Comparative Negligence

In cases where the plaintiff and the defendant share some degree of fault for the injury, North Dakota law follows the principle of modified comparative negligence. The court assesses the degree of fault for each party and reduces the final compensation awarded to the plaintiff based on their level of responsibility for the harm.

Suppose you’re in a car wreck. An investigation shows the other driver was 80% to blame, and you were 20% at fault. Your damages or financial losses (more on these later) come to $100,000. The court will subtract 20% ($20,000) of your compensation. That means you’ll receive $80,000 instead of $100,000.

Liability

Liability means legal responsibility. If the court finds someone liable, they’re legally accountable for the harm they caused another person. The court can require them to compensate the injured party.

Contingency Fee

When a lawyer charges a contingency fee, they only get paid if they win the case for their client. Typically, the fee is a percentage of the money recovered from the defendant. This allows people who can’t afford upfront legal fees to pursue their claims.

Settlement

A settlement is an agreement between the plaintiff and the defendant to resolve the legal dispute without going to trial. It usually involves the defendant agreeing to pay the plaintiff a certain amount in exchange for the plaintiff dropping the lawsuit. More than 90% of personal injury cases are resolved through a settlement.

Statute of Limitations

This is a legal time limit within which a lawsuit must be filed after an injury or harm occurs. If the plaintiff misses this deadline, they may lose their right to sue, regardless of the strength of their case. The North Dakota statute of limitations is six years.

Damages

Damages are the financial compensation awarded to the plaintiff if they win their case. These damages cover various losses, including medical expenses, lost wages, and pain and suffering caused by the injury.

Pain and Suffering

Pain and suffering damages are a type of compensation that addresses the physical and emotional distress experienced by the plaintiff due to the injury. These damages go beyond financial losses and aim to compensate victims for the intangible harm caused.

Discovery

Discovery is the legal process during which both parties in a lawsuit gather evidence and information from each other to build their respective cases. This can involve requesting documents, conducting interviews, and other investigative activities.

Deposition

A deposition is a formal interview where a witness or party in the lawsuit answers questions under oath. This process typically occurs in the presence of lawyers and is used to gather information and establish a record of the witness’s statements.

Mediation

Mediation is a dispute resolution process where a neutral third party, called a mediator, helps the plaintiff and defendant reach an agreement outside of court. The mediator facilitates communication and negotiation between the parties.

Arbitration

Arbitration is an alternative to a trial where a neutral arbitrator decides the case’s outcome. These decisions are often binding, meaning they are final and legally enforceable.

Tortfeasor

The tortfeasor is the person or entity responsible for the wrongful act or tort that resulted in the injury.

Subrogation

Subrogation occurs when an insurance company, having paid a claim to an insured person, steps into the insured person’s shoes and sues the responsible party to recover the money they paid for damages.

Affidavit

An affidavit is a written statement made under oath and signed before a notary or another authorized official. It is a formal way to declare the truth of specific facts.

Breach of Duty

A breach occurs when someone fails to fulfill their legal obligation or duty, often related to negligence. It’s a key element in establishing liability because it shows that the at-fault party didn’t act as they should have, leading to harm to others.

Proximate Cause

Proximate cause is the direct cause of an injury or harm. It’s another essential concept in determining legal liability because it establishes a close connection between the defendant’s actions and the plaintiff’s injury.

Hire a Personal Injury Lawyer if You’ve Been Injured Because of Someone Else’s Negligence

These terms are crucial in understanding personal injury law and the legal processes that follow when someone suffers harm due to another’s actions or negligence. If you find yourself in such a situation, speak with a Sand Law attorney. We’ll work to help you obtain maximum compensation.

You can use our online form or call 701-609-1510 for a free review of your case.

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Helping You Get the Compensation You Deserve for your Injury in Williston, Williams County, and across North Dakota

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When you or a family member suffer a serious injury in Williston or anywhere in North Dakota, a very stressful and complicated process begins. Insurance companies and lawyers representing the other side will immediately begin contacting you about your injury case in an attempt to pressure you and to get you to take a small settlement to go away. When your injury was caused by someone else’s negligence, you need equal representation on your side to ensure that you are protected and that your personal injury claim will be successful in covering all your damages, both current and future.

After a personal injury caused by the negligence of a motor vehicle driver, shopping center, apartment manager, or anyone else who had a duty to keep those around them safe, the best thing you can do is to hire an experienced Williston personal injury firm.

Common Personal Injury Cases in Williston, North Dakota

North Dakota, like every other state, protects its citizens with laws that hold negligent parties responsible for injuries they cause another person. Although an accident or injury can occur in literally hundreds of ways or situations, the most common types of personal injury cases tend to be:

After one of the common types of personal injury claims in Williston, contacting an experienced North Dakota personal injury firm can be your best chance at getting compensation to prevent your physical injuries from becoming financial nightmares.

Common Injuries Caused by Personal Injury Accidents

If you’ve been involved in a personal injury accident, such as a car accident or slip and fall, it’s likely that you suffered an injury of some kind. Injuries can vary greatly in range, from minor to severe and life-threatening. Severity levels may also vary depending on the type of injury that you’re involved in. For example, car accidents often result in minor to severe injuries, while construction injuries may lean more severe.

Common injuries that are caused by personal injury accidents include the following:

Traumatic brain injuries
Spinal cord injuries
Back and neck injuries
Burns
Amputations
Crushing injuries
Soft tissue damage
Broken bones
Fractures
Facial injuries
Death

Insurance Companies are Not on Your Side

Insurance companies always pretend like they are there for their customers in a helpful and meaningful way. But this is an extremely deceptive advertising practice.

In fact, insurance companies keep their profits high and costs low by diminishing, delaying, or denying their client’s claims so that they can keep as much of their trillions of dollars in premiums as profit.

To make sure that personal injury victims do not end up hiring an attorney who will help them get the right amount of compensation they need, insurance companies will often intervene early with phone calls and low-ball offers in an attempt to intimidate or entice their clients into dropping the case or taking a small fraction of the money they are owed.

The experienced personal injury lawyers at Sand Law PLLC have a strong reputation with insurance companies for having a bite behind our bark; in essence, they know we will take them to court if they try to give our clients less than you deserve.

The insurance companies have a team of lawyers working on their side, and so should you.

Common Damages in Injury and Accident Cases

Damages refer to monetary, physical, and psychological losses caused by a personal injury or negligence-based accident. The most common damages in a personal injury case include:

Damage to property
Medical and hospital bills
Surgical fees
Lost wages from missed work
Future lost wages
Emotional trauma costs, like therapy
Pain and suffering
Future medical expenses
Rehab and physical therapy fees

Damages in a North Dakota personal injury case fall into two main categories: Special and General Damages.

What are General and Special Damages?

Special damages are damages that can easily have a monetary value placed on them, like medical bills. They are easier to prove: just show the medical bills. Other special damages include lost wages, repair or replacement of damaged property, and other out-of-pocket expenses.

General damages are damages that are harder to calculate into dollar amounts, like pain and suffering, loss of a spouse, and PTSD.

Common Types of Williston Accident Cases

Sand Law routinely handles personal injury cases involving the following situations in Williston and across North Dakota:

North Dakota Personal Injury Statute of Limitations

The statute of limitations in North Dakota can be quite short on injuries and wrongful death claims, so do not hesitate to contact a team of personal injury lawyers you can trust.

North Dakota limitations laws set a time limit of 6 years for personal injury cases and 2 years for wrongful death cases. These time limits usually begin counting down as of the date the accident or injury occurred or was noticed.

Contacting an Experienced Williston Personal Injury Attorney

Sand Law protects clients in Williston, Williams County, and across North Dakota who have been injured due to another’s negligence. Our team of experienced and dedicated personal injury attorneys are passionate about representing North Dakotans in their time of need.

We have offices conveniently located across North Dakota in Watford City, Minot, Williston, and Bismarck.

Contact Sand Law today to schedule your free consultation by calling 701-609-1510 or by filling out our contact form.

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Getting Compensation for Injuries in Watford City, McKenzie County, and across North Dakota

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The world we live in is a chaotic, random place, and accidents happen all the time. Car accidents, slips and falls, among many other kinds of incidents, can happen whether by our own fault or the fault of others. In cases where the fault lies with someone other than ourselves, and the accident results in injuries that lead to mounting expenses that can destabilize the quality of your life, recovery becomes the top priority.

If you or a loved one has been on the receiving end of such an injury, consulting with a lawyer to determine your legal rights can be paramount to recovering the compensation you are entitled to under the law. At Sand Law, our experienced personal injury attorneys will represent you if you’ve been injured in an accident where the negligence of another party is at fault. Our team is committed to helping you recover the compensation you are entitled to as a result of your injuries.

Watford City Car Accident Attorneys

Car accidents are stressful experiences no matter how serious the crash is, but when there are serious injuries involved, your life could be changed forever. When you have suffered severe or permanent injury in a car accident, navigating North Dakota’s insurance laws and civil lawsuit requirements can seem difficult and trying.

An experienced accident lawyer should be prepared to go to bat for their clients, rising to meet these challenges on behalf of their clients. Sand Law focuses on their clients’ compensation while you focus on getting back to your full and healthy self.

At Sand Law, we have a successful record of getting severely injured clients compensation for their car crash damages. We will fight to get you the compensation you deserve.

Common Causes of Car Accidents

The fact of the matter is that everyone will likely be involved in a car accident at some point in their lifetime, whether it’s minor or severe. There are many different causes of car accidents, including the following:

Distracted Driving: such as using a cell phone, eating, applying makeup, reading, engaging in conversation, looking for something, messing with the radio, or general daydreaming
Driving Under the Influence: driving under the influence causes impaired vision, poor decision-making ability, and lack of awareness
Speeding: at higher speeds, it’s harder to adapt to changes in traffic because you don’t have as much time to slow down
Reckless Driving: such as speeding, cutting people off, repeat distracted driving, tailgating, etc.
Not Adapting to Weather Conditions: if drivers don’t slow down and pay closer attention in the rain, snow, or wind, they could cause an accident
Poor Vehicle Maintenance: such as putting off needed repairs or failing to frequently change oil or check for potential issues
Running Red Lights or Stop Signs: if a driver runs a red light, they could easily t-bone a driver crossing the intersection legally and correctly
Tailgating: when a driver follows too closely, they don’t give themselves enough time to adapt to changes, such as the leading driver slamming on their brakes
Wrong-Way Driving: such as driving the wrong way down a one-way or driving on the wrong side of the road
Inexperienced Drivers: drivers without experience may not check their blindspots as frequently or look out for vulnerable road users like cyclists or pedestrians

Watford City Motorcycle Accidents

Motorcycle accidents, while not as common as car accidents, can leave riders with severe injuries such as traumatic brain injury, spinal cord injury, severe road rash, and amputations.

Other drivers on the road may not pay close enough attention, changing lanes or merging directly into a motorcyclist. Accidents also occur because of the passenger vehicle driver’s failure to check before opening their door on the side of a busy street or following too close to a motorcycle in traffic.

A personal injury attorney can help motorcycle accident victims get the compensation that they deserve for their damages. Motorcyclists often experience unfair treatment by insurance companies, as insurance adjusters tend to claim that motorcyclists are driven by adrenaline. This stereotype allows them to lowball settlement offers and sway the court in their favor by placing false blame on motorcyclists.

An experienced motorcycle accident attorney will be able to argue against these claims, ensuring that you get the most compensation possible.

Watford City Truck Accidents

Truck accidents are incredibly dangerous and very likely to cause severe injuries simply because of the sheer force that a large truck can inflict on a much smaller passenger vehicle. Injury claims for truck accidents can be more complex than other motor vehicle accident claims because of the number of parties that can potentially be at fault for the accident.

Truck accidents can be caused by driver negligence, such as distracted driving, driving under the influence, speeding, aggressive driving, and inexperience. However, they may also be caused by third parties, such as the trucking company, the truck loaders, the truck manufacturer, or the truck owners.

The trucking company may be liable for the accident if they’ve encouraged the driver to drive over the legally allowed limits, resulting in forged log books and fatigue for the driver. They could also be liable if the accident occurred because of improper training. Oftentimes the driver and the trucking company are both liable because the driver has broken a rule and the employer either encouraged it or ignored it.

The loaders of the truck may be liable if the vehicle’s improper loading caused the accident to occur. Accidents may also occur because of defective parts or malfunctions, often at the fault of the manufacturer.

No matter who’s at fault for your truck accident, we can help you. We have years of experience working with truck accident cases and handling multi-party and third-party liability. Our knowledge base will help to ensure that your case is a success.

Watford City Pedestrian and Bicycle Accidents

Bicycle and pedestrian accidents are most common in urban areas where homes and businesses are within proper walking or biking distance. Bicycle and pedestrian accidents most often occur because of:

Distracted Driving
Speeding
Improper Turning
Running Red Lights or Stop Signs
Driving Under the Influence
Improper Lane Changes
Not “Sharing the Road”
Road Rage

While drivers learn about how to properly share the road with both cyclists and pedestrians, it’s often forgotten about later in life. Instead, drivers are annoyed by cyclists taking up an entire lane, forcing them to have to drive slower. This can result in accidents caused because of road rage or the driver’s anger and impatience.

Pedestrian accidents occur for similar reasons, but most commonly because of distracted driving, intersection issues, and driving under the influence. Pedestrian accidents can occur on crosswalks at lights, stop signs, or other parts of the road. They may also occur when a driver jumps the curb, for example, if they’re intoxicated or not paying attention to where they’re going.

Bicycle and pedestrian accidents can leave victims with severe injuries and permanent injuries or disability. It’s vital to hire an experienced pedestrian and bicycle accident attorney so they can help you get everything you need, from justice to compensation.

Premises Liability and Slip & Falls

Every business is responsible for maintaining the facilities on their property, from simple things such as cleaning the floors to keeping any outside walkways clean and clear of hazards. In some cases, however, business owners or property neglect their responsibilities and create hazardous situations that can lead to you falling and injuring yourself. These falls can injure you in a variety of ways, such as:

Cuts and lacerations
Broken bones
Dislocations and sprains
Brain injury, in a worst-case scenario

If your fall is the result of an individual working on the property, or the property owner themselves, they can be held liable to cover your medical expenses that result from a fall injury on their property.

Recreational Vehicle Accidents

North Dakota has a thriving recreational vehicle community that makes use of the many forests and mountains throughout the state at all times of the year. The number of ATVs and snowmobiles crossing through the backcountry, unfortunately, can result in collisions and injuries to their operators or bystanders. These injuries can be particularly devastating, leading to paralysis, loss of limbs, or even death.

Sometimes these accidents are the fault of no operator but a faulty machine. It may have been improperly assembled or filled with the wrong type of fuel. Other times, the operator of another vehicle may be at fault, including but not limited to:

Motorhomes
Camper trailers
Fifth-wheels
ATVs
Snowmobiles
Motorcycles or dirt bikes
Boats
Jet skis
Go-Karts

Oil Rig and Construction Accidents

North Dakota has one of the most thriving statewide oil industries in America. Many residents are employed on oil rigs or, at the very least, know someone who is. Like any other workplace, oil rigs are the site of dozens of accidents per year. Many of these are preventable, and unsafe conditions or defective equipment may have been the cause of your injuries.

Defective wellheads and other machinery, improperly installed safety measures, gas leaks, or damage to the rig itself can be held as the fault of the company, and you may be entitled to compensation for your injuries.

Similarly, construction workers face hazardous conditions every day when they come to work. Injuries as a result of construction site accidents are a common occurrence, both in the state and across the country. If any of the following has happened to you or someone you love, we can help seek damages:

Falls from construction scaffolding
Fires on the site property
Explosions from improper handling of combustible materials
Burns
Using defective equipment on-site
Chemical leaks
Electrical accidents
Falling debris

Subcontractors

In most cases, a construction worker is covered by their employer’s workers’ compensation program. This means that their employer is exempt from negligence actions. However, if the negligence on a construction site can be traced back to the actions of a subcontractor, you are allowed to bring a case against that third party. You can seek any of the damages listed previously, such as medical bills and loss of earning potential.

Common Damages in Injury and Accident Cases

“Damages” is a legal term that refers to any loss a victim of a personal injury accident has incurred. These damages must be directly linked to the accident. You can recover almost any loss that you experience because of your injuries, up to a point.

Special Damages

Special damages also referred to as economic damages, cover any monetary losses that you may have experienced because of your injuries as a result of the accident. These damages are easy to calculate, as they reflect direct costs that you’ve incurred. These damages include:

Medical bills
Treatment and procedure expenses
Cost of surgery
Lost income
Loss of future earnings
Cost of future medical Care
At-home care and therapy
Property damage
Other direct costs related to injury

General Damages

General damages, or non-economic damages, are harder to calculate as they don’t have a monetary value associated with them. Instead, general damages are tied to how your injuries have affected your life. They’re calculated by taking a look at how much your quality of life has changed because of your injuries from the accident. The more your quality of life has worsened, the more compensation you’re likely to receive. General damages include:

Physical pain and suffering
Mental pain and suffering
Disfigurement
Permanent disability
Lost earning ability
Loss of companionship (in wrongful death cases)

Wrongful Death Damages

Wrongful death damages can be collected when a loved one passes away because of a personal injury accident. They may pass away at the scene of the accident or later on down the road because of complications with their injuries. Wrongful death damages can be claimed on behalf of both your loved one’s damages and your own.

Funeral and burial expenses
Cost of pre-death medical care
Emotional distress of surviving family and loved ones
Financial contribution loss
Loss of services and support
Loss of companionship and consortium

Punitive Damages

Punitive damages are rare but are occasionally awarded to the plaintiff as further punishment to the defendant for the act that they committed. These are often awarded in cases where gross negligence is present. They’re awarded as a way to prevent the same party (or a different party) from committing the same act again in the future.

Common Types of Watford City Accident Cases

Sand Law handles all types of personal injury cases, including but not limited to:

Car accident
Motorcycle Accidents
Semi-truck accidents
Oil field accidents
Injuries caused at work
Dog bite and animal attacks injuries
Slip, trip, and fall injuries
Medical malpractice
Wrongful death lawsuits

North Dakota Personal Injury Statute of Limitations

The statute of limitations in North Dakota is often much shorter than in other states for personal injury cases and wrongful death claims, so do not hesitate to contact a team of personal injury lawyers you can trust.

Experienced Watford City Personal Injury Lawyer

When it comes to injuries resulting from another party’s negligence anywhere in Watford City, you need an experienced team to advocate for you. You deserve compensation for the harm you’ve suffered, and our team is the best to help you get it. Contact our experienced personal injury lawyers at 701-609-1510, or fill out our online contact form today.

Sand Law protects clients in Watford City, McKenzie County, and across North Dakota who have been injured due to another’s negligence. Our team of experienced and dedicated personal injury attorneys is passionate about representing North Dakotans in their time of need.

We have offices conveniently located across North Dakota in Watford City, Minot, Williston, and Bismarck.

Schedule A free Consultation

Helping You Get The Compensation You Deserve For Your Injury In Minot, Ward County, And Across North Dakota

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Minot, or anywhere in North Dakota for that matter, offers beautiful views, clean and crisp air, and a wholesome place to start a career and raise a family. But what happens when someone in your family suffers a serious injury? The results can be stressful and devastating. It’s even worse when that injury was caused by someone else’s negligence. Would you know where to turn?

After you or a loved one suffers a personal injury due to the negligence of a driver, store owner, property manager, or anyone else, the best course of action is to hire legal representation. Making your family whole again is what matters most; having your own personal attorneys to even the playing field can help make that happen.

Accidents In North Dakota That Cause Personal Injuries

North Dakota can have some sketchy weather, like intense ice and snow, both of which have been known to cause motor vehicle accidents and semi truck accidents. Our beautiful state is also rich in oil, causing many hard-working North Dakotans to be at risk of injury while working on the oil rigs. And, like anywhere also, we all are at risk of injury from a slip and fall, work-related accidents, distracted driving, dog bites, and wrongful deaths from a serious accident of any type.

When you or a loved one suffers a serious injury due to negligence, trust the experienced North Dakota personal injury attorneys at Sand Law to handle the stress while you focus on getting better!

Don’t Trust The Insurance Companies To Have Your Best Interests In Mind

Insurance companies, despite their extensive advertising to claim otherwise, are not on the side of their policyholders. They are massive companies in a dominant industry that focuses on keeping profits high and costs low. In fact, the insurance industry takes in trillions–that’s trillions with a “T”–in premiums each year.

Paying out on an injury claim is a cost. Denying or diminishing an injury claim keeps profits high.

This practice often means stressful phone calls, deceptive practices (like convincing their clients they can handle their claims themselves), and unpaid damages.

And if your own insurance company is not exactly willing to pay for your legitimate medical bills and lost wages, then the other driver’s insurance company definitely is going to put up a fight to deny, delay, and diminish your personal injury claim.

This is why hiring an experienced personal injury firm to work on your behalf is your best course of action. The insurance companies have a team of lawyers working around the clock for them, and you should too; especially when you and your family’s future are on the line.

Damages In A Personal Injury Case

Some common damages–which is the term the insurance industry uses to refer to monetary, physical, and psychological losses–in a personal injury case include:

Damage to property, like a vehicle
Medical bills
Hospital bills
Ambulance ride
Surgery costs
Medical devices
Lost wages during recovery
Future lost wages from diminished earning capacity
Psychological damage, like PTSD
Pain and suffering
Potential future medical expenses
Rehabilitation and physical therapy costs
In-home care charges
Home renovations

Damages can also include other “hard to put a dollar amount on” losses, like the loss of a spouse, the loss of being able to pick up your grandchild again, or the loss of being able to use your arm ever again. How much would someone have to pay you to never be able to use your right arm again?

Understanding General And Special Damages

In the legal industry, “damages” are the amount of money you are awarded if your attorney is able to successfully negotiate a settlement for you or if your lawsuit is successful in court. The two most common types of damages are special damages and general damages.

Special damages are damages that can be easily calculated based on documented losses due to the accident, like medical bills and lost wages. Medical bills can easily be sent over by a doctor’s office, and lost wages can easily be determined by past pay stubs, making them easy to determine or “prove.”
General damages are damages that cannot easily be calculated into a monetary number, like pain and suffering, loss of a spouse, and PTSD. Since there are no receipts or bills for something like pain and suffering, a specific dollar amount is harder to determine and prove. This, however, does not mean that they are not real and injury victims are still entitled to them.

Common Types Of Minot Personal Injury Accident Cases

Personal injury is a category in the legal sector that encompasses any accident that occurs because of someone else’s negligence.

Car Accidents

Car accident personal injury cases are one of the most common since motor vehicles are so dangerous, and of course, because most people drive so often that it greatly improves the chance of a collision and, thus, injury.

Motorcycle Accidents

Motorcycle accidents are actually quite common as well, much like car accidents. However, motorcycle accidents often have much more serious injuries since motorcycle riders do not have nearly the protection from injury that a car driver has.

Truck Accidents

Semi-truck accidents are not as common as car accidents or motorcycle accidents, but they do present some very serious consequences. Because of the massive size and weight difference between a car and a commercial truck or 18-wheeler, injuries to the car driver in a truck accident are often very serious, if not deadly.

Oilfield Injuries

Oil field accidents are not very common in most places in America, but because of North Dakota’s vast deposits of oil under our beautiful state due to the Bakken Formation, North Dakotans have a much higher chance of being injured while working on an oil rig. And roughnecks, or oil rig workers, are often working in very dangerous and deadly conditions.

Work-related Accidents

Work-related accidents and injuries are common all over the United States and around the world. People often spend a good part of their waking hours at work, which, combined with a dangerous or hazardous job, makes work injuries quite common.

Dog Bites

North Dakota does not have a specific law referencing dog bites in regard to personal injury cases, so instead, attorneys rely on the US Supreme Court case Sendelbach v. Grad to prove negligence when a dog bite or animal attack causes another person’s injuries. According to a study by the CDC, there are approximately 4.7 million dog bites in the U.S. each year, of which about 800,000 of those bites require medical care.

Slip And Falls

Slip and fall accidents are another common type of injury that are quite capable of causing a catastrophic injury or multiple injuries. Victims of slips and falls can suffer TBIs, neck and back injuries, and a whole series of other types of injuries.

Medical Malpractice

Medical malpractice, like a misdiagnosis or surgical error, is not all that common in the grand scheme of things. But when they do occur, they can be devastating to both the patient and their families alike. Medical malpractice cases are complicated and should always rely on the experience of a personal injury attorney to help get the best possible outcome for the med-mal victim.

Wrongful Death

Injured persons are not the only type of case that law firms like Sand Law handle. Unfortunately, we often also need to help families who have suffered a wrongful death of a loved one. Wrongful death claims can be complicated and, of course, very stressful. We aim to approach these situations with understanding.

Note that the statute of limitations in North Dakota can be quite short on injuries and wrongful death claims, so do not hesitate to contact a team of personal injury lawyers you can trust.

Common Injuries Caused By Negligence

All types of injuries can result from negligence, ranging from minor to severe. Some injuries are more common with specific types of accidents than others, such as crush and burn injuries.

Brain Injuries

Traumatic brain injury (TBI) can occur because of many different types of accidents but are most common among slip and falls and motor vehicle accidents. A traumatic brain injury occurs because of an impact on the head. A TBI is likely to occur in a slip and fall accident if the victim strikes their head off of a hard material, such as a countertop, concrete, or asphalt.

Helmets may reduce brain injuries in motorcycle or bicycle accidents. But they are still possible.

Common types of brain injury include:

Coup/contrecoup injury
Contusions
Skull fractures
Concussion
Diffuse Axonal Injury

Neck And Back Injuries

Neck and back injuries are incredibly common in motor vehicle accidents, especially in accidents where the victim is struck from the back. The most common injury associated with car accidents is whiplash, which occurs when the head moves back and forth rapidly.

Spinal cord injury may also occur because of negligence. Spinal cord injuries are commonly associated with workplace injuries (especially oilfield injuries), falls, and motor vehicle accidents.

Injury to the spinal cord can cause severe, life-changing complications, such as paralysis and permanent disability, depending on the scale of the injury.

Broken Bones

In most cases, broken bones aren’t cause for much concern. However, severe accidents can cause bones to break in multiple locations. These intense bone breaks require surgery to repair so they can heal properly.

This type of fracture is prevalent in dog bite accidents. If a dog’s bite is severe enough, it can cause the bone to shatter. In broken legs, patients may require physical therapy after having their leg in a cast for a long period of time.

Crush Injuries

A crushing injury can occur when part of the body is crushed between two items. In motorcycle accidents, crushing injuries occur when the body is pinned between the motorcycle and the asphalt or the motorcycle and another vehicle.

In workplace injuries, the body may be pinned against a wall and another hard object, such as machinery.

Crushing injuries often result in internal bleeding and organ damage, along with broken bones and other severe injuries.

Burn Injuries

There are many different levels of burn injuries, ranging from minor to severe. More minor injuries may heal on their own. However, more severe injuries require skin grafts and surgery. Severe burns, such as 3rd-degree burns, can cause permanent nerve damage. These injuries can result in the loss of feeling in some areas.

If a commercial vehicle is carrying hazardous materials, burns could occur upon impact. A motor vehicle that has caught on fire because of a collision can also cause burn injuries. Otherwise, burns are most common in workplace injuries because of fires, explosions, and dangerous chemicals.

Internal Injuries And Bleeding

Internal injuries can occur because of any type of injury. If the victim experiences a large impact on the abdomen, organ damage, and internal bleeding can occur. Internal injuries and bleeding must be taken care of as soon as possible to prevent further complications.

The Process Of A Personal Injury Case

If you haven’t been involved in a personal injury lawsuit before, the case process can seem kind of daunting. Thankfully, our talented team of attorneys is here to walk you through it every step of the way.

Intake Process

The client contacts a personal injury attorney near them and schedules a consultation. Once both parties agree to work together, the attorney and client go through what is called the intake process.
Next, everyone signs contracts that protect both parties and gives the attorney a legal right to represent their client. This is also part of the process where the attorney agrees to take the case on a contingency fee basis.
Once the legal representation is in writing, the attorney then notifies all parties involved that they are representing the client through what is known as a “notice of representation” letter.

Discovery Phase

Then the discovery phase begins. This means your attorney begins collecting evidence, documents, and bills relating to your injury and claim.
Once we have an idea of the facts of the case, we draft a summary of the case and use this to send out demand letters, where we put the other parties on notice that we intend to collect money from them for their part in the accident or injury.

Negotiations, Trial, Or Settlement

Then we begin the negotiation process with the other parties to try to reach a fair agreement about how much they will pay for the injured victim’s injuries and damages. This can be a lengthy process, as there is a lot of back and forth. But the goal is to get a fair amount from the insurance companies.
If necessary, the case then goes through arbitration or mediation. These are two ways of settling a case without a formal courtroom setting if negotiations don’t work.
If negotiations are unsuccessful, and if arbitration or mediation is not possible, then the attorney files a lawsuit on the client’s behalf. This requires everyone to eventually go to court to prove or defend their cases. Over 98% of all cases never reach the lawsuit stage, which is best for everybody since the injury victim often gets their money faster and has to pay less since there are no court fees and other costs associated with a lawsuit.

How Much Is My Personal Injury Case Worth?

The value of your personal injury case depends on a few factors, including how your accident occurred, the severity of your injuries, and the amount of insurance coverage the at-fault party has available. The damages that you can collect because of your injuries include:

Current medical bills
Future medical bills and costs
Lost wages
Diminished earning capacity or future lost wages
Pain and suffering
Other costs and damages

While some of these considerations have a clear value associated with them, some do not. An experienced attorney will be able to give you an estimated case value after they assess all factors and complete their preliminary investigation. This will provide you with a good idea of what to expect when it comes to a settlement.

How Much Does A Personal Injury Lawyer Cost?

You already have so much on your plate when it comes to costs. Sand Law doesn’t want to add to the financial stress you’re already experiencing. That’s why we use a “contingency fee” system. This means that we only get paid if we win your case.

We don’t charge any hourly rates or fees. Our payment comes out of your final settlement or trial win amount. This allows you to access a quality attorney even if you don’t have the money upfront.

Without this system, many parties wouldn’t have access to quality attorneys, leaving them in the dust to deal with their damages.

In cases involving negligence, it’s usually one person (you) against a giant insurance company with tons of resources. By using Sand Law, a well-known law firm, you’ll have the same resources and strength to go up against the monstrous insurance company.

If you win your case with the help of Sand Law, only then will we take a fee for your recovered damages. However, in some cases, the defendant will be responsible for your attorney’s fees, meaning you won’t have to pay anything at all.

If you or someone you love has been injured in a personal injury accident, contact our talented team of attorneys at Sand Law for a free, no-risk case evaluation. With Sand Law on your team, you won’t have to fight this battle alone.

Contact An Experienced Minot Personal Injury Attorney

Sand Law protects clients in Minot, Ward County, and across North Dakota. We have assembled a team of experienced and dedicated personal injury attorneys who are skilled and passionate about representing the common person from huge corporations looking to take advantage of them and their desperate situation.

Our offices are conveniently located in Minot, Watford City, Williston, and Bismarck. We also have a vast network of resources and witnesses that we can employ if necessary to help make a client’s case as strong as possible, helping to ensure our clients get the compensation they deserve.

Contact Sand Law today to schedule your free consultation by calling (701) 609-1510 or by filling out our contact form. We look forward to helping you and your family in your time of need with compassion and understanding.

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Helping Injured Victims In Bismarck, Burleigh County, And Across North Dakota

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In today’s hectic modern world, an injury can happen quickly. More often than not, small amounts of harm we endure are recovered from quickly – we’ve all nicked a finger on a knife or accidentally burned ourselves cooking. But sometimes, far more serious injury can occur in a split-second, forever changing the direction of our lives.

No matter where a severe injury occurred – be it on the road, at work, or at home – parties with liability could be held responsible for a victim’s damages. Damages include any monetary cost paid as a result of the accident, such as medical bills, wages lost from missed work, and the suffering that results from the injuries. If your injury was the result of someone else’s negligence, contact the experienced personal injury attorneys at Sand Laws as soon as possible.

Types Of Personal Injury Claims Sand Law Handles

When someone acts with negligence and causes you to be involved in an accident, those accidents are referred to as personal injury accidents. Personal injury can range from motor vehicle accidents to child injuries and defective medical products.

If you believe that you’ve been injured because of someone else’s negligence, please contact our team of talented attorneys here at Sand Law.

Car Accidents are one of the most common types of personal injury accidents, with approximately three million occurring every year. Car accidents can result in many different severe and life-changing injuries, such as traumatic brain injury, spinal cord injuries, and more.
Motorcycle Accidents can be dangerous, as drivers don’t have much protection. Motorcycle accidents are often the fault of passenger vehicle drivers who aren’t paying attention or are driving recklessly. Common injuries associated with motorcycle accidents include amputations, burns, and road rash.
Truck and Commercial Vehicle Accidents cause severe injuries and wrongful death, as the impact a large commercial vehicle can inflict on a smaller passenger vehicle, pedestrian, or bicycle is monumental. These accidents often cause devastating injuries and fatalities.
Pedestrian and Bicycle Accidents are just as dangerous as motorcycle accidents, and for the same reason: lack of protection. Pedestrians and bicyclists have even less protection and are prone to crushing injuries, traumatic brain injury, spinal cord injury, and death.
Defective Medications and Products can cause injuries in many different ways. A defective product could be the result of a car accident. However, it could also be the result of a burn or poisoning accident. The company that distributed the product would be liable for any damage that occurred when using the product.
Oil Field Injuries are common in North Dakota because of the vast oil fields located within the state. Injuries may occur because of hazardous materials, inexperienced workers, defective or malfunctioning products, improper training, slip and falls, and more.
Dog Bite Injuries most commonly occur in the home of a friend or relative. Whether the party knows that their dog is aggressive or not, they may be at fault for any injuries you sustain because of their dog. At Sand Law, we have an excellent track record of getting our clients above-average settlement offers for their dog bite claims.
Slip and Fall Injuries can occur anywhere, in the grocery store, in a small business, in your rental unit, or even in the home of a friend or family member. Slip and fall accidents may cause devastating injuries such as traumatic brain injury, requiring multiple surgeries and a lifetime of physical therapy.
Nursing Home Abuse Injuries occur when a staff member acts with negligence or malice toward a nursing home resident. Nursing home abuse can look like physical abuse, sexual abuse, financial abuse, or neglect. If you believe that someone is abusing your loved one in their nursing home, contact an attorney.
Catastrophic Injuries are devastating injuries that impact one’s life long-term. Victims may have to endure multiple surgeries, physical therapy, and long-term rehabilitation to live a life that’s similar to the one they had before the accident. Catastrophic injury patients often experience a decrease in their quality of life, bringing mental illness and a great deal of pain and suffering.
Children’s Injuries occur because of negligence on behalf of school officials, daycare providers, babysitters, and more. Parents often feel helpless when it comes to assisting their children after these accidents occur. When costs are high for medical care and treatment, it can be challenging to get your child the care that they need to get them back on their feet.
Wrongful Death occurs when a victim of a personal injury accident passes away. Their death may occur at the scene of the accident or any period after the accident because of complications associated with their injuries. Close family members may file a wrongful death claim to receive compensation for their loved damages.

North Dakota Personal Injury Claims

A personal injury claim can take many forms, but they all are the result of similar circumstances. Personal injury claims come in the form of legal action filed against negligent parties that directly or indirectly contributed to whatever caused the injury in question, be they a person, business, or other entity.

When filing a personal injury lawsuit, it may seem confusing. However, your attorney will be there to walk you through every step, keeping you updated along the way. As soon as your attorney takes on your case, they’ll begin an initial investigation, looking for more information about liability.

Your attorney will file a complaint that will be served on the defendant, resulting in them hiring an attorney for their side of the case. After this, both sides will go into further investigation, called “discovery.” After discovery, your attorney will make a settlement demand.

Your case will end by either getting a settlement or taking your case to trial. When hiring an attorney, make sure to choose someone who has a track record of high settlements and experience going to trial.

Injuries Frequently Cited In Personal Injury Cases

Injuries from personal injury accidents can range greatly in severity. No matter what injury you or your loved one may have incurred, it’s important to seek compensation. Even if your damages are low, reaching out to an attorney is the best way to recover full and fair compensation.

The following injuries are frequently linked to personal injury accidents:

Head injuries, such as concussions and traumatic brain injuries
Spinal cord injuries, such as slipped disks and fractures
Back and neck injuries, such as whiplash
Burn injuries, either from heat sources or chemicals
Slip-and-fall injuries, either on a sidewalk, in a parking lot, or inside a building
Injuries that occur to mothers giving birth in a hospital setting
Injuries that occur to newborns in a hospital setting, such as hypoxia
Infections or illnesses as a result of medical malpractice
Crushing injuries on construction sites
Amputations as a result of pinning motorcycle accidents
Wrongful death

Unfortunately, the list goes on and on. Each subset of personal injury can result in a large variety of injuries.

Liability In Bismarck Injury Claim

The responsibility for personal injury cases varies depending on a case-by-case basis. North Dakota is a no-fault insurance state, one of only a few in America. This means that in the event of an accident where another party is liable, the victim of the accident must first file a claim with their insurance carrier. Once your insurer has reimbursed you to their limits, then the victims can turn to legal means to seek further compensation.

In order to determine who is financially liable for your damages, you’ll need to prove the following:

The at-fault party owed you a certain duty of care. In motor vehicle accidents, all drivers owe each other a certain standard of care and safety. In nursing homes, the staff owes residents safety and security.
The at-fault party breached this duty. In a motor vehicle accident, this could mean texting while driving, drinking, speeding, etc. In a nursing home, this could mean forgetting to give a resident their medication every day. The breach of duty is the specific negligent act that one commits.
The breach of duty directly caused an accident. For example, because someone was texting while driving, they ran a red light and t-boned another driver. In the nursing home, because they forgot to give the resident their medication, they developed severe withdrawal symptoms.
The accident resulted in actual damages. This means that you have actual damages that you can recover by filing a lawsuit. In North Dakota, that means having greater damages than your no-fault insurance will cover. If you don’t have damages, there’s no reason to file a personal injury lawsuit.

Determining Fault For Your Injury

Personal injury cases can list a wide variety of persons and/or entities as defendants. The most common ones are:

Distracted drivers
Drivers who were under the influence
Undertrained employees who failed to maintain safety regulations for their property or equipment
Employers who encourage unsafe or illegal behaviors behind closed doors in an effort to cut corners or expenses
Property owners who fail to keep their property safe from hazards
Anyone involved in the sale of defective products, from manufacturers to distributors to retailers

Damages For Personal Injury Claims

Depending on what type of injury was inflicted and the severity of said injury, claim amounts in personal injury cases can vary. Courts will also take into account real, definite losses as well as projected future losses from loss of employment and typical medical bill costs. The most common damages awarded to victims are medical costs, lost wages, and pain and suffering.

The most common damages in a personal injury case include medical costs, lost wages, and pain and suffering.

Medical Costs

Many different entities are involved in the treatment and rehabilitation of injuries from accidents, all of which can add up to staggering amounts that victims likely won’t be able to meet on their own. Victims can recover the costs of emergency services, hospital bills, surgery costs, prescription medication costs, therapy, and rehabilitation devices. If the injury is severe enough, victims could potentially recover the cost of future medical care as well.

Lost Wages

If a victim misses work for a significant length of time due to their injuries, they can sue for damages to compensate for lost time that would otherwise be spent at work. Furthermore, victims can sue for lost earning capacity in the event they must take on a new schedule or even change professions entirely due to injury.

Pain And Suffering

While one of the more difficult things to seek damages for, a skilled attorney will likely help seek these damages as well. Damages such as these are awarded based on qualifying factors such as the severity of the injury, how old the victim was when they were injured versus how long the injury will impact them, as well as other personal consequences to their quality of life the injury causes.

The Attempt To Avoid Responsibility

Defendants in personal injury cases have an incentive to shift blame to the victim. Personal injury cases can lead to large payouts to the victims, which goes against the goals of most insurance companies or other attorneys who are trying to get negligent parties off the hook.

For example, in court, defense attorneys may argue that victims violated traffic laws, were under the influence of illegal substances, were trespassing, or deliberately misused a product. They may try to shift blame to another defendant or even flat-out deny their own liability. A skilled personal injury attorney is crucial to navigating these underhanded tactics and holding the negligent party accountable.

How Can A Bismarck Personal Injury Attorney Help Me?

There are many people out there who believe that they can represent themselves in court. While this is true, there are many benefits to having an attorney. Your attorney will not only take care of everything on your behalf but also check in on you during the process to ensure you’re following your medical treatment plan.

Not only will your attorney have experience getting high settlements and trial wins, but they’ll also have relationships built with insurance companies, making it easier for them to receive high settlement offers.

Hire an attorney and allow us to take the weight off of your shoulders, so you can focus on relaxing and recovering from your injuries.

Finding An Experienced Bismarck Personal Injury Lawyer Near Me

When it comes to injuries resulting from another party’s negligence anywhere in Burleigh County, you need an experienced team to advocate for you. You deserve compensation for the harm you’ve suffered, and our team is the best to help you get it. Contact our experienced personal injury lawyers at 701-394-4744, or fill out our online contact form today.

We have offices conveniently located across North Dakota in Watford City, Minot, Williston, and Bismarck.

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Fighting To Get The Results You Deserve.

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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.

Insurance Companies Are Not On Your Side

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.

What Can I Get Compensation For In A Personal Injury Claim?

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

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:

Medical bills
Treatment and procedure expenses
Cost of surgery
Lost income
Loss of future earnings
Cost of future medical Care
At-home care and therapy
Property damage
Other direct costs related to injury

General Damages

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:

Physical pain and suffering
Mental pain and suffering
Disfigurement
Permanent disability
Lost earning ability
Loss of companionship (in wrongful death cases)

Wrongful Death Damages

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:

Funeral and burial expenses
Cost of pre-death medical care
Emotional distress of surviving family and loved ones
Financial contribution loss
Loss of services and support
Loss of companionship and consortium

Punitive Damages

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.

Common Types Of North Dakota Injuries

Car Accidents

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

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.

Truck Accidents

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

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

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.

Work-related Accidents

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

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 Accidents

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

Catastrophic injuries include:

Back and neck injuries
Traumatic brain injury
Spinal cord injury
Severe burns
Scarring

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

Child injuries can be caused by a variety of different accidents, such as:

Slips and falls
Car accidents
Daycare abuse
Negligent supervision of a child

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

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:

Bedsores
Dehydration
Acting withdrawn
Decrease in talking during visits
Reluctant to speak when a staff member is present
Unsanitary conditions
Self-isolation
Infections
Scrapes or cuts
General signs of unhappiness

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.

Medical Malpractice

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 Product Injuries

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

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.

Drunk Driver Accidents

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

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

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.

Sand Law Personal Injury Practice Areas:

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.

How Sand Law Will Handle Your Personal Injury Case

Our Personal Injury Intake Process

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.

Retainer Agreement For North Dakota Personal Injury Cases

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.

Sending Notices Of Representations To Protect You

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.

Record Collection Regarding Your Personal Injury Case

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.

Personal Injury Case Summary Compilation

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.

Drafting And Sending Demand Letters

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.

Negotiating A Settlement To Get Your Fair Compensation

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.

Arbitration And Mediation In A Personal Injury Case

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.

Filing A Personal Injury Lawsuit On Your Behalf

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.

Entering The Discovery Phase Of Trial

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.

Working For You To Protect Your Case From Malicious Motions

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.

Alternative Dispute Resolution (Adr)

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.

Taking Your Personal Injury Case To Trial

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.

Post-trial Motions And Appeals

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.

Understanding North Dakota Personal Injury Laws

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.

North Dakota Personal Injury Statutes Of Limitations

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.

Contact An Experienced Personal Injury Firm In North Dakota To Protect You And Your Family

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.

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Fargo Distracted Driving Car Accidents

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Most of us are guilty of occasionally letting our minds or eyes wander while driving. There are often many things competing for our attention while we drive. Whether it be our phones, passengers, nearby pedestrians, or roadside accidents. Unfortunately, a driver who is distracted can cause significant property damage and devastating injury in the blink of an eye in a Fargo car accident.

When a negligent driver upends your life in a Fargo car accident, you have the right to seek compensation for costs like medical bills, lost wages, and pain and suffering. To protect your ability to recover these losses, contact a Fargo car accident lawyer. Sand Law has successfully pursued damages on behalf of injured Fargo clients who’ve been involved in distracted driving auto accidents.

If you were injured in a Fargo distracted driving accident, contact Sand Law for a free case consultation. You can contact us online or by calling us at 701-609-1510.

Distracted Driving Statistics in Fargo, North Dakota

Distracted driving is an issue across the country. The National Highway and Traffic Safety Administration reported that 3,124 people died in distracted driving accidents in 2020. In North Dakota, distracted driving is especially rampant.

According to a study based on NHTSA data, North Dakota is one of the worst states for distracted driving in the US. It ranks 7th in the nation for rates of distracted driving auto accidents. To reduce this concerning statistic, the state legislature and law enforcement have worked to enforce stricter laws concerning distracted driving.

In 2017, North Dakota expanded its legal definition of distracted driving to include “any distraction that impairs the ability to safely operate the vehicle”. The state has also created laws that fine drivers caught texting or using their phones to minimize North Dakota distracted driving.

Types of Distractions on Fargo Roads

When a driver’s attention is diverted from the road in front of them, a devastating auto accident can occur. That’s why Fargo drivers must be vigilant in observing their environment, including weather conditions, road hazards, and the movements of other road users. Distractions can take many forms. But they typically fall into one of the following categories.

Visual Distractions Can Lead to a Fargo Car Accident

A visual distraction is any disruption that causes a driver to take their eyes off the road. Their hands may still be on the wheel, and they may even be thinking about how they need to slow down for the upcoming school zone or yellow light. However, if their eyes are not actively scanning traffic for evolving conditions, they are at an increased risk of causing a car accident.

For example, let’s consider a common sight-based distraction known as rubbernecking. This term is typically used in reference to drivers who become distracted by a scene outside of their vehicle and slow traffic down. Oftentimes they are watching first responders assisting with a car crash through their windows or rearview mirror. Ironically, drivers who are busy rubbernecking can often end up causing an accident themselves. While it is natural to be curious, taking your eyes off the road is not worth jeopardizing your safety and the well-being of your fellow road users.

Hearing-Based Distractions May Cause Drivers to Endanger Others

In addition to visual distractions, Fargo drivers should be aware of the dangers of auditory distractions while driving. Loud music, shouting, train whistles, and other sudden and disruptive noises can cause a Fargo driver to become distracted from the traffic in front of them, resulting in a motor vehicle accident. For example, a driver may be startled by the sound of a car honking and let their foot off the brake, accidentally rear-ending the vehicle in front of them.

Fargo Drivers Should Avoid Manual Distractions to Reduce Car Accident Risk

While some drivers may assume it is harmless to engage their hands in other activities as long as their eyes remain on the road, this is not the case. When a driver’s hands or feet are occupied with a task other than steering and operating their car, we usually classify this as a manual distraction. This may look like reaching for the volume to turn up your favorite song, brushing your hair, unwrapping your drive-thru burger, or taking your foot off the brake to slip on your shoe. Keeping both hands on the wheel and a foot on the appropriate pedal makes it that much easier to react in a split second.

Cognitive Distractions Interfere With Driver Focus

Cognitive distractions refer to things that mentally distract you from the road. Driving often requires making quick judgments, such as Can I make that light? Is that pedestrian going to wait to cross the street? Am I going too fast? If your mind is engaged in daydreaming about a movie you watched last night or what you should have for dinner, you aren’t anticipating the actions of the other road users around you. That can result in you, your passengers, or nearby road users sustaining serious injuries.

Fargo Car Accidents Can Be Caused by Combined Distractions

As the name would suggest, a combined distraction involves two or more types of distracted driving. Texting while driving is a perfect example of a combined distraction. Taking your hands off the wheel while looking at a screen and composing a text engages your hands, eyes, and mind. Combined distractions such as this are generally considered the most dangerous form of distracted driving.

How Do Distractions Cause Car Accidents?

Distracted drivers can miss critical cues that lead to serious Fargo motor vehicle accidents. Dividing your attention from the road, even momentarily, leads to a delayed reaction time and diminishes awareness of your surroundings. For reference, in the time it takes to send a quick text or skip a few songs on your playlist, a car traveling at 55 mph can travel the equivalent of a football field.

While you’re busy looking at your phone, the car in front of you may suddenly slam on its brakes, a child may chase a ball out into the middle of the street, or a semi-truck may turn out in front of you. If you were cognitively, visually, and manually engaged, you would have a significantly better chance of being able to respond to events like this and avoid a serious auto accident.

However, if the road does not have your undivided attention, you will have less time to perceive and react to your environment. As Fargo personal injury attorneys, we have also seen the severity of a distracted driving car accident be compounded because an inattentive driver began speeding or swerving. If you have reason to believe that the driver who caused your injuries was distracted at the time of the accident, we encourage you to reach out to our Fargo office as soon as possible so we can begin working to demonstrate their negligence and recover the damages you deserve.

How to Prove Someone was Driving While Distracted

In a personal injury lawsuit, the burden of proof lies with the plaintiff, or the injured party accusing the defendant of negligence. The evidentiary standard for demonstrating negligence in civil court is lower than the standard for criminal court. In civil law, you only need to be able to convince the fact-finder that the events more likely than not transpired the way you claim.

Simply put, you and your Fargo car accident attorney must show that there is more than a 50% likelihood that the driver who hit you was behaving negligently because they were distracted. Your auto accident attorney may rely on traffic cameras, eyewitness testimony, phone records, and police reports to verify that the driver who hit you was indeed distracted at the time of the car crash.

After seeking medical treatment, we encourage you to document the scene of your accident as best you can. This includes taking pictures and videos from multiple angles, documenting your injuries, and collecting contact information from anyone who witnessed the car accident or may have caught a video of the crash. A Fargo car crash attorney can help you compile this evidence, as well as medical records and other documentation, into a compelling claim for damages in a distracted driving accident lawsuit.

Receiving Compensation for Injuries Because of a Driver’s Negligence

As previously stated, under North Dakota law, a distracted driver can be fined and young drivers may even receive points on their license for distracted driving. Beyond that, Fargo drivers can still face the consequences of negligent behavior in civil court if their distracted driving results in a car accident. If you have been injured in a Fargo car accident, you may be able to secure compensation for the physical, financial, and emotional damages you have sustained.

Damages in a Fargo Distracted Driving Car Accident Lawsuit

Medical bills. Depending on the severity of your Fargo car accident injuries, you may require extensive treatment. This may involve surgery, a lengthy hospital stay, and other long-term expenses like medication, a wheelchair, and home renovations to accommodate your injury. Medical debt can accumulate quickly and have far-reaching financial implications for you and your family.
Job-related losses. It is quite common to seek damages for lost wages after a serious distracted driving auto accident. Injured drivers may need to miss work in order to seek treatment or recuperate from their injuries. Unfortunately, some injuries permanently prevent an injured driver from returning to their career, or any job. Damages like the costs of job retraining, lost earning capacity, and permanent disability can potentially be recovered in a Fargo car accident lawsuit to alleviate some of that burden.
Pain and suffering. This can refer to both physical and emotional pain endured as a result of your Fargo car accident injuries. It is difficult to quantify a subjective loss like this, but an experienced auto accident attorney will be able to help you calculate the value of this loss as well as other non-economic damages.

How Comparative Negligence Impacts Fargo Drivers

North Dakota operated under modified comparative negligence. In effect, that means that even if your actions partially contributed to the auto accident, you may still be able to recover a portion of the value of your damages. In North Dakota, you must have contributed significantly less than 50% of the fault in order to qualify.

For example, let’s say that a driver is distracted by a conversation with a passenger, leading them to run a red light, t-boning your car. However, it was raining at the time of the accident, and it is determined that had you had your headlights on, a collision could potentially have been avoided. Based on this determination, a judge assigns you 15% of the total fault for the car accident. The value of your settlement would be reduced by the corresponding percentage of fault, or 15% in this example. Our team of experienced distracting driving attorneys can help you maximize your damages in a North Dakota car accident lawsuit.

Sand Law is Here to Help. Contact us to Schedule a Free Case Evaluation

In the aftermath of a serious Fargo distracted driving car accident, you may be struggling to manage the stress of recovery, field calls from insurance claims adjusters and bill collectors, and keep your family financially afloat while you take time off from work. You don’t have to navigate this process alone. The North Dakota auto accident lawyers of Sand Law have been highly successful in recovering fair settlements for our injured clients, and you can trust us to do the same for you.

Our trial attorneys are prepared for every possibility when it comes to pursuing maximum compensation. If the negotiations with the insurance company don’t yield a fair settlement offer, we are fully capable of representing you in court to obtain the compensation you deserve.

Contact Sand Law online for a free case evaluation to discuss your legal options. Or call us at 701-609-1510. Our skilled team of distracted driving lawyers is well-versed in North Dakota law and ready to begin compiling a convincing claim for damages in a Fargo distracted driving car accident lawsuit.

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North Dakota Interstate Accidents

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Car accidents are bad enough at slow speeds – when they occur at interstate speed, they typically lead to catastrophic results. There are a lot of factors that make motor vehicle accidents that occur on interstates much more dangerous than the “average” car accident – as if such a thing even exists.

If you’ve suffered an injury in an interstate accident caused by someone else’s negligence, the attorneys with Sand Law will be here for you. We’ll work to help you obtain the most money possible for your claim, and be ready to fight for you if an insurance company refuses to make a fair settlement offer.

How Does An Interstate Accident Differ From Other Car Accidents?

Why are interstate accidents more devastating than other types of wrecks? The answer is simple – speed. The higher the speed at which an accident occurs, the worse the injuries will be. In far too many instances, the outcome of this kind of wreck will often be a tragedy. Whether an accident involves a single-car rollover, or the accident involves multiple vehicles, increased speeds mean increased dangers.

Injuries Caused By High-speed Accidents

There are a lot of different kinds of injuries associated with high-speed accidents. Here’s a brief look at some of the more common ones.

Head injuries – Seatbelts do a great job of reducing the risk that you’ll die in a high-speed accident, but they don’t provide any protection for your head. When someone is going fast and gets into a wreck, some sort of head impact will usually be inevitable. A driver’s head could strike a side window, a steering wheel, or even the dashboard. That impact causes the brain to move within the skull, tearing vital, delicate brain tissue. This type of traumatic brain injury can result in a lifetime of debilitation.
Back and neck injuries – Injuries to either the back or neck can be devastating, leading to permanent paralysis and lost quality of life. These types of injuries will usually result in years of expensive treatments as well as physical therapy. Even when victims undergo this kind of intensive treatment, they may still not regain their full mobility.
Chest injuries – Even though a seatbelt can save a person’s life, when a high-speed interstate accident occurs, the seatbelt can place an incredible amount of force on a victim’s torso. This can lead to significant damage, such as broken ribs and other severe injuries.

Types Of Vehicles Involved In Interstate Accidents

As bad as any kind of interstate accident can be, the damage can be even worse when it involves a truck. If you’ve been on an interstate for any length of time, you’ve no doubt seen scores of trucks transporting goods. This is especially true during the holidays, when truck drivers are under even more pressure to get their deliveries done so they can be with their families. When a truck hits a car, the occupants of that vehicle are put under tremendous forces. In many instances, victims can’t survive that type of impact.

Causes Of Interstate Accidents

These are just some of the many reasons interstate accidents occur.

Distracted Driving

Just about everyone has, at one time or another, been on a road trip going through several states. At times the drive can be, well, boring. You can only see so many billboards and trees before everything starts looking the same. Some drivers will turn to their phones to pass the time, or will continually change the channel on their radio. This, of course, takes their attention away from the road – even a momentary lack of focus can lead to horrible consequences.

Entrance And Exit Ramps

When motorists are traveling a stretch of highway they’re not familiar with, entrance and exit ramps can get confusing. They might all of a sudden see the exit they need to take, and will swerve suddenly in order to make the ramp. Or, they may be so confused they go the wrong way, and quickly find they’re heading into oncoming traffic traveling at a high rate of speed.

This can happen at any time of the year, of course, but the dangers of these kinds of mistakes are even higher during the winter, when snowy conditions can make it harder to see.

Construction

Anyone who’s had the harrowing experience of driving in a construction zone on an interstate knows how challenging it can be. A four-lane stretch of interstate can suddenly turn into one or two lanes, with imposing concrete barriers on both sides. Motorists can also encounter heavy equipment, unexpected detours and other challenges. Any of these conditions can lead to an accident.

Speeding Or Aggressive Driving

Drivers travel on interstates for a lot of different reasons. They may be headed on a cross-country trip, or they may simply use an interstate every day as part of their work commute. Wherever they’re going, they want to get there as fast as they possibly can. This, of course, means driving well over the speed limit.

Unfortunately, interstates can often bring surprises. There could be a pothole that someone’s not expecting, or the remnants of a blown-out tire. There might even be an animal, such as a deer, trying to get to the other side of the highway. When people are going too fast, they don’t have enough time to react to these challenges.

Contact Sand Law Today To Discuss Your Interstate Accident Case

If a negligent driver has caused your interstate accident, one of the first things you should do is to contact a car accident attorney as soon as you can – the sooner the better. The reason is that a skilled attorney will have the resources to launch an immediate investigation into your wreck. This investigation will uncover the evidence you need to prove your case. This evidence will provide you with the best possible chance of obtaining fair compensation for the injuries you’ve suffered.

Sand Law attorneys have that skill, as well as the resources needed to perform thorough investigations. Put that skill to work for you by contacting us online or calling 701-394-3912 to schedule a free case review.

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North Dakota Child Injury Attorneys

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Getting injured can be terrifying, especially for a small child. Depending on the injury, your child may need a different level of care. While some minor injuries can be treated at home, it’s important to get injuries checked out by a doctor to prevent infection and further damage to the injury. If the injury is severe enough that your child needs to be taken to the hospital, you may want to consider building a case to receive the compensation you and your child deserve for the accident.

If you believe that another party was liable for your child’s injury, you may be eligible for compensation. This can include things like car accidents, slips and falls, brain injuries, and more. If there was negligence involved in your child’s injury, you may want to gather some evidence for your case against the negligent party.

What Do I Do After My Child Has Been Injured?

A child’s injury can be traumatizing for both the child and the parent, so it’s important that you remain calm. If you’re freaking out, this may cause your child to freak out as well. If the injury is clearly severe, you’ll want to call 911 right away. You’ll then want to comfort your child and look for any injuries. Depending on the injury, you may want to perform first aid on the child. Place a cold compress on any bumps or bruises and wrap any wounds that may be bleeding.

After you’re sure that your child is safe, it’s a good idea to gather evidence of any potential negligence. Depending on the accident, you may want to take pictures of the scene of the crime and speak to anyone who witnessed the injury. This could be a car accident or even a slip and fall in a grocery store. You’ll also want to make sure that you call the police if necessary, like after a car accident, to get a police report filed. This can later be used for evidence in court.

Common Infant Injuries

Common infant injuries include birth injuries, like defects, or issues during birth, head injuries, eye injuries, mouth/tooth injuries, fractures, or dog bites. If your infant is injured during birth, it could be a sign of medical malpractice. Medical malpractice cases can be tricky, so if you think your infant was injured because of a doctor’s negligence, you’ll want to find a good lawyer who has experience with these types of cases.

Infants are also susceptible to head injuries because of how soft their head is when they’re born. An infant that hits their head should be brought to the doctor for a check-up if the hit seems to have affected the child. If the baby has sustained a fall of more than three feet, they should always visit an emergency room. If the soft spot on their head feels like it’s bulging, this is also a good indicator that they need to be taken to the doctor.

Common Childhood Injuries

Common childhood injuries include things like cuts, scalds, burns, fractures, dislocation, bruises, head injuries, swallowed objects, choking, poisoning, and objects stuck in the ears or nose. When children are young, they like to climb on things. If you have heavy furniture, it’s important to mount it to the wall to keep it from toppling over on top of your child. You’ll also want to make sure to keep small objects away from them, as children like to eat, or put small objects into their nose or ears.

Can a Child Recover Damages for their Injury?

While a child cannot recover damages from an injury, a parent or guardian may be able to. If the child’s injury is caused by someone else’s negligence, the parent or guardian may be able to sue for damages. This includes medical bills, pain and suffering, and any potential wages the parent may have lost to take care of the child. The parent may also be able to recover as a bystander for the emotional distress and pain and suffering that comes with watching your child get injured.

How Can I Protect my Child From Injury?

Injuries are the leading cause of death in children under the age of 19, so it’s important to keep them as safe as possible, as many of these injuries can be prevented. There are many ways to prevent injuries, including making sure that your house is a safe space for your children. However, while you can help to prevent injuries from occurring in your own home, it can be hard to prevent injuries out in the world.

When out in public, keep a close eye on your child to ensure they don’t get into anything that could potentially injure them. You’ll also want to make sure you’re driving with them in the correct car seat to prevent injury if an accident occurs.

Contact a Personal Injury Attorney

If your child has been injured in a car accident, slip and fall, or because of medical malpractice, please contact one the experienced lawyers at Sand Law. We’re standing by to help you get the compensation that you deserve. For more information please contact us online or call us at 701-609-1510

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North Dakota Defective Products Attorneys

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There are many different types of products in the world. With so many different products being made every day, there are bound to be some flaws. Defective products can cause lots of problems, depending on what the defect is. These defects can cause everything from minor injuries to severe injuries. In some cases, defective products can even lead to wrongful death.

Manufacturing, Design, and Marketing Defects

Product defects can happen to any kind of product, from a large commercial vehicle to a small children’s toy. Manufacturing defects tend to be those that are recalled. Sometimes a piece breaks off too easily, or a portion of a car doesn’t work the proper way. Marketing defects look at incorrect or misleading marketing campaigns that could cause harm. If the design is defective or doesn’t work the way it was intended, it can cause problems and even potentially hurt someone. If you’re injured because of a defective product, you may be able to receive compensation for your injury.

Failure to Warn

When it comes to products, companies are required to warn the consumer if there are any potential risks that they could encounter while using the product. Failure to warn means that the manufacturer didn’t place any sort of warning on the label of the product, therefore offering no warning to the consumer. Think about if cigarettes didn’t have a warning on them or if a hair dryer’s packaging did not warn you of its dangerous interaction with water.

Failure to warn simply states that if there are any risks involved with using the product, they must be listed on the product or on some accompanying materials.

Warning Labels

In 2002, the American National Standards Institute (ANSI) revised the standard guidelines for warning labels on products. This change made the warning labels easier to read, with a color coded system and easy to understand pictures. Warning labels have three levels:

danger (red)
warning (orange)
and caution (yellow).

A product with a warning label that says “danger” could be hazardous and lead to death, while a “warning” label may contain a potentially hazardous condition that could lead to serious injury or death. The “caution” label states that the hazardous condition could end in moderate injury.

Defective Drugs

Defective drugs can include manufacturer defects, dangerous side effects, or drugs that were marketed in a misleading or dangerous way. Drugs that are defectively manufactured could be created by an error at the manufacturing facility, or by an error at the pharmacy. These defects could pertain to the ingredients, label errors, or any other mistakes that makes the medication dangerous.

Pharmaceutical drugs that have dangerous side effects that result in injury can also qualify as a dangerous medication. These may be new drugs or drugs that were on the market for a long time before the dangers were discovered.

Some drugs are known to be dangerous by the manufacturers but are left on the market for the sake of profits or because they believe they can get away with it. These drugs often cause injuries because of a failure by the manufacturer or distributor to provide adequate warnings or instructions.

Common Injuries from a Defective Product

Defective products can lead to literally almost injury or illness that you can think of. However, there are some common injuries that show up among defective product injury claims:

Bruises
Cuts
Broken bones and fractures
Burns
Traumatic brain injuries and head trauma
Choking
Electrocution
Organ failure
Serious illness
Wrongful death.

Types of Product Liability Lawsuits

Negligence

Negligence refers to an act of carelessness that causes an accident to occur, like a car accident or workplace injury. Negligence, in this situation, could refer to someone doing their job lazily and forgetting to put a warning label on something, or someone failing to run safety tests before releasing the product to the consumer. Failure to inspect the product and failing to foresee plausible uses for the product could also be considered negligence.

Strict Liability

In strict liability cases, the defendant is only required to state that the use of the product caused them some sort of harm. It doesn’t have to be because someone was acting with negligence. If the defect does exist, the manufacturer would be liable for any accidents that occurred because of it.

Who can be held liable?

There are many different parties that can be held liable in defective product cases. In some cases, the manufacturer will be the one that you end up suing. This may be the manufacturer of a specific part or the manufacturer of the entire product. When suing the manufacturer, it’s usually because the product is defective for some reason.

You can also sue the retailer that you purchased the product from. By having the product for sale, the retailer implies that it’s safe and suitable for use. Even though the retailer wasn’t involved in the making of the product, they still may be liable for carrying it.

However, there really is no limit on who may be liable for a defective product. Take for example a defective medication. It could be the fault of the manufacturers, the company who owns the drug, the pharmacy, or even the distributor. An experienced defective product lawyer can help you to understand your rights and options if you have been injured or made ill.

Contact an Attorney

If you or someone you love has been injured because of a defective product, the lawyers at Sand Law are ready and willing to take on your case. Defective product cases can be complicated and the companies can be aggressive, so hiring an experienced lawyer to help even the playing field can be very helpful. For more information, contact us online or call us at 701-609-1510

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North Dakota Nursing Home Abuse Attorneys

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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.

Nursing Home Abuse Statistics

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.

Signs Of Nursing Home Abuse

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.

Bed sores or red spots
Signs of dehydration, like extreme thirst, dry skin, or fatigue
Acting withdrawn, emotionally upset, or inconsolable
Considerable decrease in talking during visit
General signs of unhappiness or stress
Infections or skin lesions
Scratches, scrapes, or cuts
Bruising or blood spots
Signs of malnutrition, like extreme weight loss
Reluctance to speak in a staff member’s presence
Unsanitary or unclean conditions
Self-isolating or suddenly stopping communication
Other residents showing sign of abuse, getting sick, or abruptly dying

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.

What Kinds Of Abuse Can Occur Inside A Nursing Home?

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,
sexual abuse,
emotional abuse,
or financial abuse.

Physical Abuse

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

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.

Emotional Abuse

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.

Financial Abuse

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.

What’s The Difference Between Nursing Home Abuse And Neglect?

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.

Can I Sue A Nursing Home For Abuse?

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.

Contact A North Dakota Nursing Home Abuse Attorney

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

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After a Serious North Dakota Dog Bite, Recovering from your Injuries can be Stressful and Overwhelming

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North Dakota is one of the few states in America that doesn’t have a personal injury law specific to dog bites or animal attacks. Instead, North Dakota dog bite attorneys rely on something known as case law to prove these types of cases. The most common case that attorneys refer to is Sendelbach v. Grad. This case allows attorneys to prove that dog bite victims deserve compensation. And that dog bite owners have a duty of care to keep their guests safe and to keep their pets under control in public.

Sand Law in North Dakota is experienced at handling dog bite and other animal attack cases. We are here for you if you need us. Contact us today for a free case evaluation and consultation.

Statistics on Dog Bites in the U.S. and North Dakota

According to the Center for Disease Control, there are approximately 4.5 million dog bites that occur each year in the United States. Of these, 800,000 result in medical care. 81% of dog bites cause absolutely no injury. And there’s only a 1 in 112,000 chance of dying from a dog bite or attack.

Most dog bite accidents involve dogs that aren’t spayed or neutered. And 25% of fatal dog bite attacks were inflicted by dogs that were chained up—of various breeds.

There isn’t one specific type of breed that statistically bites more often than the rest. Instead, over 30 breeds and dog types are associated with dog-bite fatalities each year. Pit bulls are most commonly associated with dog bite cases. However, other aggressive dog breeds include the Rottweiler and German shepherd.

Between 2005 and 2017, Texas, California, and Florida ranked as the three states with the highest amount of dog bite fatalities each year. In 9th place was Illinois, with 16 total deaths. However, North Dakota didn’t rank in the top nine.

North Dakota Dog Bite Statute of Limitations

North Dakota’s statute of limitations for dog bite and animal attack injuries is the same as any other personal injury claims. In North Dakota, the statute of limitations is 6 years, starting from the day the dog bite occurred. This time limit ensures that everyone gets a fair trial by making sure that evidence is still available and that witnesses are still reliable. With very few exceptions, if you want to get the compensation you deserve after a North Dakota dog bite then you should contact a personal injury attorney right away to better your chances at a fair settlement.

North Dakota’s Dog Bite Law

As we mentioned in the opening, North Dakota does not have a specific law that dictates the rules and liabilities of dog bites. North Dakota Supreme Court case, Sendelbach v. Grad, set the standard of negligence law in North Dakota when it comes to dog bites and the injuries they inflict.

To receive compensation for your dog bite injuries from a negligent dog owner in North Dakota, your personal injury lawyer must prove that:

the dog (or other animal) owner had a duty to prevent their dog from causing injury or harm to others,
and that the dog owner failed to carry out that duty (also known as breach of duty), and
because the dog owner breached their duty, it caused injuries or damages to the dog bite victim.

Reasonable Care and Dog Bite Injury Cases

Courts usually rely on something known as reasonable care to understand a dog owner’s duty to others. Basically, they ask themselves if the dog’s owner had a responsibility to restrain, train, or control their dog so that it wouldn’t bite another person; and did they take reasonable care to prevent the attack from happening.

Just because North Dakota doesn’t have a specific dog bite law doesn’t mean other laws cannot be used to prove your case. For example, if a dog bites a child while they are walking on the street, and the dog wasn’t on a leash, then the owner’s simple failure to follow local leash laws would be a violation of reasonable care.

Comparative Negligence in North Dakota Dog Bite Claims

A commonly used defense in personal injury cases involves a concept known as “comparative negligence.” Comparative negligence refers to the injured person’s responsibility in their own injuries. For example, a dog owner, or their lawyer, or insurance company may attempt to reduce or deny a dog bite injury claim because they claim the injured person was partly or totally to blame for their own injuries.

This is not hard to imagine in a scenario where someone provokes the dog. In these comparative situations, the jury decides what percent each person is at fault out of 100 and reduces the damages by the percentage of fault assigned to the injury victim.

For example, if a person is found to be 20% at fault for their dog bite injuries, they can only receive 80% of their total damages.

This is cut off at 50 percent. That means if an injury victim is found to be 50% or more at fault, they are not entitled to any compensation at all.

Dog Bite Injuries Can Be Serious

Dog attacks can lead to many different types of injuries with varying levels of severity. Common dog bite injuries include:

Puncture Wounds

Puncture wounds are the most common injury associated with dog bites or attacks. They can cause nerve damage, infection, and other complications. They often require stitches, and the deeper the wound is, the more damage it’s likely to cause.

Broken Bones

In the case of an intense bite that causes damage to the bone, ligaments, and muscles, victims may require surgery in order to allow the bone to heal properly, especially in the case of fractures.

Injuries To The Face

Face injuries can be incredibly expensive, as they may require reconstruction. Facial injuries can leave a person scarred and with facial disfigurement. Scarring and facial deformities commonly leave people with mental anguish and depression.

Scars

Scars are common with dog bite injuries, especially if the wounds are deep. The more severe a wound is, the more noticeable the scar is likely to be.

Brain Injuries

A traumatic brain injury may occur because of a dog bite injury or attack. These occur when the dog causes the victim to fall to the ground, hitting their head off of a hard object, such as concrete, a rock, or a curb, amongst other surfaces.

Nerve Damage

If a dog bite is severe enough, damage can be done to the nerve. Nerve damage is especially common if the victim is bitten by a dog that has a strong jaw. This type of injury can cause high medical bills, as well as long-term pain and permanent damage.

Emotional Effects

There are many different reasons that one may be emotionally affected by a dog bite accident. They may develop PTSD that flares up when around dogs of a similar breed, or they may develop depression because of facial deformities or scarring.

Most Dangerous Dog Breeds

How dangerous a dog breed is is measured in two ways. One is their ability to be trained. Is it easy to train them, or are they reluctant to learn proper commands that will prevent them from hurting people? And second is their jaw strength. Which dogs cause the most damage with their bites?

The top ten dog breeds known for aggression include:

Chihuahua
Dachshund
Chow chow
Doberman pinscher
Dalmatian
Rottweiler
Jack Russell terrier
German shepherd
Pitbull terrier
Siberian husky

The top ten dogs with the strongest bite include:

Kengal
Bandog
Cane Corso
Tosa Inu
Dogue de Bordeaux
English mastiff
Dogo Canario
Dogo Argentino
Leonberger
Rottweiler

How to Prevent or Minimize Your Chances of Being Attacked by a Dog

You may never see a dog bite injury or attack coming. So it can be impossible to prepare yourself for an attack. However, in many cases, you can avoid dog bite injuries by being aware of your surroundings and not approaching dogs you don’t know. To prevent injuries from occurring, or to stop an attack in the making, here are some tips:

Stay away from chained, leashed, or tethered dogs.
Know the warning signs of an aggressive or upset dog. Warning signs include growling, raised fur, rigid body posture, and snapping.
Do not stare dogs in the eyes.
Don’t run away.
Speak softly to gently calm the dog.
If charged, curl up in a ball to protect your face, neck, and head.

Damages in a Dog Bite Injury Case

In the unfortunate circumstance that you aren’t able to prevent a dog bite injury from occurring, you may be entitled to compensation from the dog owner and their insurance company. You can claim damages for economic and non-economic damages, including:

Past and future medical bills
Past and future lost wages
Loss of earning capacity
Pain and suffering
Permanent disability or disfigurement

Contacting an Experienced North Dakota Dog Bite Injury Attorney

Sand Law has helped hundreds of dog bite victims across North Dakota get the compensation they need to fully recover from their injuries. We’ve assembled a team of experienced and dedicated personal injury attorneys who are skilled and passionate about representing victims of negligence in all types of personal injury matters, including dog attacks.

Our offices are conveniently located in Fargo, Watford City, Minot, Williston, and Bismarck. We also have a vast network of resources and witnesses that we can employ if necessary to help make a client’s case as strong as possible. This helps to ensure our clients get the compensation they deserve.

Contact Sand Law today to schedule your free consultation by calling 701-609-1510 or by filling out our contact form. We look forward to helping you and your family in your time of need with compassion and understanding.

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