Bismarck Personal Injury Lawyers
Helping Injured Victims in Bismarck, Burleigh County, and Across North Dakota
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.
Many different entities are involved in the treatment and rehabilitation of injuries from accidents, all of which can add up to staggering amounts that victims likely won’t be able to meet on their own. Victims can recover the costs of emergency services, hospital bills, surgery costs, prescription medication costs, therapy, and rehabilitation devices. If the injury is severe enough, victims could potentially recover the cost of future medical care as well.
If a victim misses work for a significant length of time due to their injuries, they can sue for damages to compensate for lost time that would otherwise be spent at work. Furthermore, victims can sue for lost earning capacity in the event they must take on a new schedule or even change professions entirely due to injury.
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 701-609-1510, or fill out our online contact form today.
We have offices conveniently located across North Dakota in Watford City, Minot, Williston, and Bismarck.