North Dakota Personal Injury Overview
Like all states, North Dakota has unique personal injury laws which you should be familiar with if you have been injured. Personal injury encompasses a broad range of accidents and injuries including medical malpractice, ATV accidents, toxic exposure, identity theft, and much more.
Laws and rules specific to your state, such as the statute of limitations, can radically change how your must be handled. In order to successfully pursue your case, you need the help of an experienced North Dakota personal injury attorney.
If you were injured in North Dakota you may be entitled to compensation for your losses including:
- Past and future medical bills
- Lost wages
- Lost earning capacity
- Permanent disability
- Permanent disfigurement
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of enjoyment of life
- Property damage
- Other expenses directly caused by your injuries
In North Dakota, non-economic damages, such as pain and suffering and los of enjoyment of life, are limited to $500,000 in medical malpractice cases.
Punitive damages a meant as punishment for the party who caused your injuries, not as compensation. In North Dakota, punitive damages are limited to twice the compensatory damages or $250,000, whichever is more.
Statute of limitations
The time limit for filing your lawsuit is called the statute of limitations. In North Dakota, the statute of limitations is two years for most types of personal injury. Certain types of injury have different time limits. In most product liability cases you have ten years after the purchase date of the product to file. If your injuries were caused by asbestos exposure, you have three years from the time you found out about your illness.
The statute of limitation is critical to your case and it is not just a simple, straightforward deadline. There are many factors which will determine the deadline in your case, and you need an experienced personal injury attorney to make sure you do not miss this important date.
Modified comparative negligence
If you were partly to blame for your injuries, you may still be entitled to compensation under modified comparative negligence. Under this doctrine, you can claim compensation as long as you were less than 50% at fault. Your compensation will be reduced by your portion of the blame.
It is not uncommon for more than one person to be responsible for your injuries. Every state has defined how you may collect when this is the case. In North Dakota, several liability applies. This means that each defendant is held responsible for their share of the damages and only their share. You must collect from each party individually.
If you or a loved one has been injured or killed in North Dakota, you need the help of an experienced North Dakota personal injury lawyer. Please contact one of our North Dakota personal injury lawyers for a free claim evaluation, so you can get back on your feet.