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Car Accidents

Fargo Car Accident Lawyer

Attorneys for Automobile Accidents in North Dakota

Thousands of car accidents happen across the United States each year. In North Dakota there were over 14,000 crashes, 100 fatalities, and 4,258 injuries in 2019 alone (DOT). According to these statistics, every 2 hours one person was injured in a motor vehicle accident. Despite their unfortunate commonality, there is nothing about a car accident that makes filing a claim simple – except when a trusted personal injury law firm is allowed to step in and manage it.

At Maring Williams Law Office, we are proud to be the local name in Fargo for car accident claims of all sorts. If another driver struck you, regardless of the circumstances or complexities that seem to be present, we can take care of your personal injury case from start to finish. While you focus on your wellbeing and recovery, we dig into the details of your car accident case, including examining the available evidence, calculating damages, filing the claim, and so forth.

Take control of your car accident claim by working with friendly locals. Call (701) 402-6644 or contact us online now and speak to our car accident lawyers serving Fargo.

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Common Causes of Car Accidents in Fargo

woman rubbing her injured neck after a car accident

In an ideal world, everyone who drives will take responsibility seriously. This is not the actual case, though, and negligent drivers are prevalent at all times and in all 50 states. The problems they cause result in various types of car accidents, each with different ways of finding and proving liability. Our car accident lawyers serving Fargo are well-versed in all types of car accident injury cases, so you know we can represent you.

The causes of many car accidents in Fargo are:

  • Speeding 
    • Breaking posted speed limits is extremely dangerous, especially in Fargo where ice and sleet can form on the road easily.
  • Intoxication
    • Driver intoxication is a persistent problem throughout the United States. An inordinate number of car accidents are caused by drivers who have had as few as one drink before getting behind the wheel.
  • Distraction
    • With the advent of affordable smartphones, the amount of car crashes caused by a distracted or texting driver has ballooned in recent years.
    • Some safety organizations estimate upward of 40% of all car accidents involve driver distraction to some extent.

What to Do After a Car Accident

what to do after a car accident infographic

North Dakota uses comparative fault rules when handling car accident claims, which means any compensation you can recover will be reduced by your percentage of liability for your crash. As such, you need to focus on both your health and proof of liability after a collision. The more you can do upfront to minimize your liability, the more likely you are to recover a fair amount of compensation.

A few hints to remember to reduce your liability are:

  • 1. Collect evidence:
    • Objective proof of liability will always be more impressive than word-of-mouth. If you took photographs of the crash scene, spoke with eyewitnesses, or got copies of first responder reports, all of those types of evidence will help build your claim.
  • 2. Don’t apologize: 
    • You may feel tempted to apologize to the other driver despite knowing that they caused the accident. Do not say sorry or apologize in any way, as insurance companies use such statements as admissions of guilt.
  • 3. See a doctor: 
    • You should always see a doctor as soon as possible after being in a car accident. You might not feel any immediate injuries, but they could still be present. Seeing a doctor protects your health by allowing for early diagnoses and preserves your claim’s integrity by showing you took your own health seriously.
  • 4. Call an accident attorney: 
    • Before you talk to your own car insurance company to tell them about the crash, you should consider speaking with one of our car accident lawyers in Fargo. We can advise you on how to speak with an insurance representative, or we can act on your behalf if you prefer.

How Much Should a Settlement Be for a Car Accident?

what should a car accident settlement include infographicIn general, most settlements will increase in value depending on how serious your injuries are and how permanent the effects will be. Additionally, some settlements can increase in value if the responsible party was committing a criminal offense at the time of your accident (for example, driving drunk).

Every car accident settlement attempts to compensate victims for the emotional and monetary damages resulting from the accident. This includes:

  • Pain and suffering
  • Lost income
  • Medical bills
  • Loss of enjoyment of life (in the case of serious or catastrophic injuries)

Every settlement will be different based on the details of your case. If you would like a more comprehensive estimate of what your case may be worth, you should speak to our Fargo car accident injury lawyers.

If you were injured in a car accident, contact our Fargo car accident injury lawyers by calling (701) 402-6644 today!

Can You Sue for Punitive Damages in a Car Accident?

In some cases you may have grounds to pursue punitive damages. However, this type of compensation is only available if the at-fault party acted deliberately with an intent to harm you, or if they demonstrated extreme disregard for the safety of others. In order to sue for punitive damages, this is something you will need to have your lawyer specifically ask for when filing a lawsuit against the responsible party.

What is the Statute of Limitations for Filing a Claim for a Car Accident in North Dakota?

The time limit for filing a car accident claim is known as the "statute of limitations." This time limit will vary from one state to the next. In North Dakota, accident victims are required to file their claim within 6 years of the date of their car accident injury (ND Century Code section 28-01-16). This is for both property damage and personal injury claims.

If you have lost a loved one because of a Fargo car accident death and are filing a wrongful death claim on their behalf, you need to file your claim no more than 2 years after the date of their death (section 28-01-18).

How Long After a Car Accident Can Symptoms Appear?

man experiencing pain from latent car accident injuriesIn some cases, car accident injuries may not become apparent until 24 hours or several days after the accident occurs. These types of injuries are known as "latent" injuries.

Some of the most common types of latent injuries include:

  1. Concussions (this is a form of brain injury and should not be taken lightly!)
  2. Internal organ damage (any internal organ damage has the potential to be life-threatening if not treated)
  3. Whiplash
  4. Other soft-tissue injuries
  5. Emotional issues including PTSD

Latent injuries are just one of many reasons you should see a doctor immediately after your accident. You should also refrain from telling insurance companies that you are uninjured until you have been checked for latent injuries.

What Are the Most Common Injuries Stemming from Car Accidents?

Any car accident (whether serious or minor) has the potential to cause injuries. While some may be latent (like those listed above), others may appear immediately following the accident and require immediate medical attention:

  • Lacerations, cuts, bruises
  • Head or brain injuries
  • Spinal cord injuries
  • Broken bones
  • Herniated discs

Is North Dakota an At-Fault State?

When it comes to determining who should be held responsible for damages suffered in a car accident, North Dakota follows the no-fault insurance system. In other words, your own insurance should cover most of your own damages after an accident through a Personal Injury Protection Plan (PIP). One downside of this method is that you are unable to recover compensation for pain and suffering. However, if you have suffered serious injuries that have had a large impact on your life, you may be eligible to file a third-party claim against the other driver and recover compensation through their insurance company. In this kind of situation, you may also be able to recover compensation for pain and suffering.

What Happens In a Car Accident Lawsuit?

When you decide to pursue a car accident lawsuit, you will go through three different phases in order to resolve your case:

  1. The Pre-Litigation Phase - During this phase your legal team will work to research your accident, gather evidence, and build your case. They will also begin negotiations with the insurance company to see if a settlement can be reached outside of court.
  2. The Litigation Phase - If a settlement cannot be reached, your legal team will file your lawsuit with the court and begin to prepare for trial.
  3. The Trial and Appeal Phase - Once both sides are ready, your case will go to trial and your legal team will argue your case before a judge and possibly a jury. If your case is resolved successfully you will receive your settlement and your case will be closed. If your case is not resolved in your favor, you may have the option to appeal the judge's decision.

How Long Does It Take to Get a Car Accident Settlement?

In many cases, how long it takes to obtain your settlement will be dependent on how severe your injuries are. Most car accident injury attorneys prefer to wait until you have reach maximum medical improvement before requesting a specific settlement amount. This is because they want to ensure that you get sufficient compensation for your injuries and any long-term effects of your injuries are taken into account. As such, it could take a year or longer to actually receive your settlement. During that time, your car accident lawyer will be fighting on your behalf to obtain maximum compensation for you!

How a Car Accident Lawyer Can Help

We know that filing a car accident claim is an intimidating process, which is why we have dedicated so much of our law firm to making it simpler for our clients. North Dakota keeps a lengthy six-year statute of limitations on injury claims, but do not decide to use that full duration before filing your claim. The longer you wait, the more time you give the opposition to prepare a defense. By acting soon and reaching out to our law firm at your first opportunity, you can take the initiative and find peace of mind in knowing that your case is underway.

If you've suffered serious car accident injuries, dial (701) 402-6644 today. We will work to schedule a free initial consultation as soon as it is convenient for you.

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