North Dakota has a six-year statute of limitations on many personal injury claims, which is among the longest statutes of all states. Wrongful death claims in North Dakota have a two-year statute of limitations. Once your case’s statute expires, you can’t file a claim for compensation against the defendant, even if you prepare your case with ample evidence of liability.
Liability is the legal concept of fault or blame. If someone causes an accident, then they should be held liable for it, which would require them to provide for the damages and losses that the victims or other involved parties suffered. In simplified terms, a party can become liable for an accident if it did something that another reasonable party would not have done in the same situation, and if that unusual or unsafe action resulted in another party’s harm.
North Dakota allows you to still file a personal injury claim even if you were partially liable for the accident or injury. As long as you are less than 50% liable for what happened, you retain the right to demand compensation from the other party or parties.
In a personal injury claim, you can demand a few different types of damages. Special or economic damage relates to a loss that can be tracked on paper, like medical bills, lost wages, and miscellaneous expenses. General or non-economic damage relates to intangible harm, like physical pain and emotional suffering. Punitive damage is used by a court to further penalize the defendant for wrongdoing, but it is approved for only a slim percentage of all personal injury cases.
How much pain and suffering do you have to experience to seek them as non-economic damage? Technically, there is no threshold for pain and suffering in North Dakota. The worse your pain and trauma are, though, the more likely you will win those damages. Proving that you experienced severe levels of pain can be easier with the help of a personal injury attorney.
You might be offered a settlement by the defendant’s insurance company as your case progresses. Do not accept and sign it right away. It is always worth taking a little bit of time to let your attorney review it to make sure that it is a fair amount. Typically, insurance companies will give you between 14 and 30 days to accept or decline a settlement, so you should act quickly.
The worth or value of a personal injury claim depends on the individual details of each case. For example, your car accident claim will be worth a different value than the next, even if the circumstances of the crashes are similar. Rather than worrying about the exact amount that your claim is worth compared to the average case, you should work with a personal injury attorney who knows how to maximize its value.
The time that it will take to settle a personal injury claim varies from case to case. Straightforward cases can sometimes take six months or so to settle. Complicated cases can take 12 months or longer. To move toward a settlement with as few delays as possible, you should leave your case in the hands of an experienced personal injury lawyer.