Solberg Stewart MillerFindLaw IM Template2026-08-26T18:26:55Zhttps://www.solberglaw.com/feed/atom/WordPress/wp-content/uploads/sites/1203277/2022/10/cropped-ID-image-75x75.jpgby Solberg Stewart Miller<![CDATA[Do you have to stop if you witness a car accident?]]>https://www.solberglaw.com/?p=475062026-08-26T18:26:55Z2026-08-26T18:26:55ZWhat does North Dakota law require from witnesses?
Under North Dakota law, drivers directly involved in a collision are required to stop at the accident scene, provide their information and render aid to injured people. Bystanders and other drivers who witness the crash have no equivalent legal obligation. The law focuses on holding participants accountable for exchanging information and giving aid to injured people.
From a practical standpoint, requiring every passing driver to stop could create additional traffic hazards and impede emergency access to the scene. Uninvolved drivers who stop may inadvertently block rescue efforts or expose themselves to secondary collisions on busy roads.
When should you stop and offer help?
North Dakota’s Good Samaritan law generally protects people who voluntarily provide emergency care at an accident scene from civil liability. The protection applies when they act in good faith and without expecting payment. If you choose to stop and help, that protection may apply to you. Giving a brief statement to responding officers may also help clarify what happened, which can be useful to investigators, insurers and the parties involved in any subsequent claim or proceeding.
Only stop if you can pull completely off the roadway without blocking traffic or creating more risk. Never approach a crash scene on a high-speed interstate or in poor visibility conditions.
Good Samaritan protection and your options as a witness
As a witness, you have no legal obligation to stop, but doing so safely can help someone who is injured and unable to call for help. If you do stop and render aid, North Dakota's Good Samaritan law generally shields you from civil liability for good-faith emergency assistance. If you later have questions about your role in the incident, whether as a witness or otherwise, an attorney can help you understand where you stand.]]>On Behalf of Solberg Stewart Miller<![CDATA[Keeping your teen safe behind the wheel: A parent’s guide to safer driving]]>https://www.solberglaw.com/?p=475052026-08-18T21:51:23Z2026-08-18T21:51:23Z a parent, few moments are as nerve-wracking as watching your teenager drive away for the first time. While earning a driver's license is an exciting milestone, it also brings significant responsibility and risk. Fortunately, there are concrete steps you can take to help better ensure your teen stays safe on the road.
Start with a solid foundation
Many states, like North Dakota, have strict requirements before teens can get their driver’s license. While meeting the required 50 hours of supervised driving practice, it is important to expose your new driver to different weather conditions and traffic patterns. Help them learn how to merge onto a busy freeway while you can provide instruction and support instead of having their first experience in this stressful environment be one they navigate on their own. This experience can help to build confidence that classroom learning alone cannot provide.
Establish clear rules and expectations
Setting boundaries is not about control; it is about safety. Helpful rules to set can include:
No cell phone use while driving, including hands-free calls during the first six months
A firm curfew that keeps teens off the road during the most dangerous late-night hours
Zero tolerance for alcohol or drug use
Required seatbelt use for the driver and all passengers
These rules create a framework that helps teens make safer decisions when you are not there to guide them.
Lead by example and maintain ongoing communication
Your teen has watched you drive for years. Model the behavior you expect by following traffic laws, staying calm in frustrating situations and never driving distracted. Additionally, maintain open conversations about driving experiences. Ask about close calls or challenging situations, and use these as teaching moments rather than opportunities for criticism.
Monitor and provide feedback
Consider using technology to your advantage. Many insurance companies offer apps that track driving behaviors, and some vehicles have built-in monitoring systems. Review this data together with your teen, celebrating improvements and addressing concerns constructively.
When accidents happen despite your best efforts
Even the most cautious and well-prepared teen drivers can be involved in accidents. When another driver's negligence causes a collision that injures your child, you have legal options. Personal injury claims can help recover damages for medical expenses, vehicle repairs and pain and suffering. Consulting with an experienced attorney helps to better ensure you protect your family’s rights and hold responsible parties accountable for their mistakes. While no legal remedy can undo an accident, it can provide the resources needed for your teen's recovery and future security.]]>On Behalf of Solberg Stewart Miller<![CDATA[Can a failed surgery be considered medical malpractice?]]>https://www.solberglaw.com/?p=475042026-08-16T15:37:43Z2026-08-16T15:37:43ZHow to establish medical negligence
To prove malpractice in North Dakota, a patient must show that the medical provider made a preventable mistake that fell below accepted standards of care. To establish medical negligence under North Dakota law, you need to prove four basic elements:
Duty of care: You had a doctor-patient relationship, so the surgeon owed you a duty to provide proper care.
Breach of standard of care: The surgeon failed to provide the level of care expected of a reasonably careful doctor with similar training and experience.
Direct causation: The surgeon’s mistake directly caused your injury, rather than an unavoidable health issue.
Measurable harm: The error caused harm you can document, such as extra surgery, higher medical bills, lost wages or severe pain.
Medical records, operative reports and hospital logs are central to proving each of these elements and should be requested as early as possible. Proving these points requires strong evidence and a signed statement from a qualified medical professional who agrees that negligence likely happened.
Protecting your legal rights
North Dakota sets strict rules and deadlines for medical negligence cases. In most cases, you have two years from the date of the mistake or when you discovered it, to file a claim. Gathering medical records, getting a qualified medical provider's review and documenting your injuries takes time. Identifying these issues early helps you save evidence and file your claim before the deadline.]]>On Behalf of Solberg Stewart Miller<![CDATA[Mistakes to avoid in a personal injury case]]>https://www.solberglaw.com/?p=475032026-07-24T18:26:37Z2026-07-24T18:26:37ZCritical errors to avoid
Taking the right steps after an accident is essential to protecting your health and your financial recovery. Here are the biggest mistakes to avoid in a personal injury case:
Delaying medical care: A delay between the incident and your first doctor visit could allow the insurance company to argue that the injuries were not serious or were caused by something else entirely.
Giving recorded statements too early: Avoid giving recorded statements to the other party’s insurer without first consulting an attorney. Stick strictly to the facts while talking to law enforcement.
Admitting fault at the scene: North Dakota follows a modified comparative fault system. A person is found to be 50% or more at fault might be barred from recovering compensation.
Posting on social media: Photos, status updates or comments about your activities or emotional state could be taken out of context and used against you to undermine your credibility.
Accepting early settlement offers: Initial offers are often lowball figures meant to quickly close the claim, before the long-term costs of your injuries are known.
North Dakota generally imposes a six-year statute of limitations for bringing a personal injury claim. However, deadlines for wrongful death or medical malpractice are just two years. Letting these deadlines pass would result in permanently losing your right to seek compensation.
Moving forward after an accident
Pursuing a personal injury claim while recovering physically and emotionally is never easy. If you are facing a similar crisis, avoiding early settlement traps and seeking timely medical and legal help are crucial. Reaching out to an experienced personal injury attorney could help you understand the legal nuances of your case and seek a fair outcome.]]>On Behalf of Solberg Stewart Miller<![CDATA[What to do after an elderly parent’s car accident]]>https://www.solberglaw.com/?p=475022026-07-24T07:53:09Z2026-07-24T07:53:09ZStart with the immediate medical and accident issues
Start by making sure your parent gets checked for injuries and by gathering the basic accident information. Because older adults may show pain, confusion or mobility problems later, it also helps to keep track of any changes in the days after the crash. A few early steps often matter most:
Get a medical evaluation
Collect crash and insurance information
Watch for new pain, confusion or mobility problems
Find out whether your parent has a power of attorney or similar documents
These steps can help you stay organized while the larger family issues start to unfold.
Helping is not the same as having authority
This is where many adult children feel stuck. You may be making calls, driving to appointments and keeping track of paperwork, but that does not automatically give you the right to speak with insurers, approve treatment or make legal decisions. If your parent can still make decisions, they may downplay the injuries or handle the claim differently than you would.
In North Dakota, older driver safety may involve the need for medication, and addressing vision changes or slower reaction time. One accident alone does not necessarily mean that your parent shouldn’t drive, but it may force the family to start considering those questions.
A serious crash can reveal bigger problems
Some crashes lead to more than short-term recovery. They may involve fractures, memory problems, reduced mobility or a need for more help at home. If the injuries are serious, the case may also involve future care, ongoing treatment and disputes about the extent of the harm. Those issues can turn an ordinary insurance matter into a claim involving future care and financial losses. Even then, the hardest issue may be that your parent still has the final say unless legal authority is already in place.]]>On Behalf of Solberg Stewart Miller<![CDATA[What happens when a crash occurs during work?]]>https://www.solberglaw.com/?p=475012026-07-13T06:26:02Z2026-07-13T06:26:02Zworkers' compensation may help with medical care and lost wages. If another driver or outside party caused the crash, there may also be a separate claim against that person or company.
Why can these cases become more complicated?
A work vehicle crash can feel more confusing than an ordinary car accident because several types of insurance may come into play at once. You may find yourself dealing with:
The other driver's insurance
A commercial vehicle policy
An employer's insurance coverage
Workers' compensation benefits
Each source may cover different losses. That can make it harder to figure out where payment should come from and what steps to take first.
What information should you keep?
Good records can help support a claim. Important documents often include:
Crash reports
Medical records
Photos from the accident scene
Employment records
Witness information
These records can help show how the crash happened, the injuries involved and how the accident has affected your ability to work. Keeping organized documentation early in the process can make it easier to address insurance questions and support a claim later.
Looking at the full financial impact
The immediate costs of a crash are often only part of the picture. Long-term medical treatment, missed work opportunities and future earning limitations may continue long after a vehicle is repaired. Evaluating all available sources of recovery can help injured workers protect their income and address the full impact of a work-related motor vehicle accident.]]>On Behalf of Solberg Stewart Miller<![CDATA[What evidence should you preserve after a product injury?]]>https://www.solberglaw.com/?p=474992026-06-29T14:48:37Z2026-06-29T14:48:37ZThe product itself
The product involved in the incident may be one of the most important pieces of evidence available. As tempting as it may be to throw it away or try to fix it, it is usually best to leave it in the same condition it was in after the accident.
If possible, keep the item in a safe place along with any broken or detached pieces. A later examination may uncover signs of a defect or another issue that contributed to the incident.
Purchase and product records
Records connected to the product can help identify the item involved and trace where it came from. Hold on to anything you received when you bought it, such as:
Receipts
Order confirmations
Warranty information
Instruction manuals
Product packaging
These materials can also provide important context about the product, including any warnings, safety instructions or claims made before the accident occurred.
Photos and incident documentation
Photos and written notes preserve important details before memory fades or conditions change. Take pictures of the product, the location of the incident, any visible injuries and any damage the accident caused.
It also helps to write down your recollection of what happened as soon as possible. Even small details can become harder to remember as time passes, especially while you focus on recovery.
Medical and financial records
Information related to your treatment and losses can help show the full impact of the injury. Keep copies of medical bills, treatment records, prescription receipts and paperwork showing missed time at work.
Together, they help document the challenges you faced after the accident and the costs associated with your recovery.
Next steps
You do not need all the answers immediately after a serious injury. Taking a few simple steps to preserve evidence helps protect important information while you focus on healing. If you believe a defective product contributed to your injury, seeking legal guidance can help you understand your options and decide what steps best fit your situation.]]>On Behalf of Solberg Stewart Miller<![CDATA[What is Personal Injury Protection (PIP) in North Dakota?]]>https://www.solberglaw.com/?p=474982026-06-16T08:53:34Z2026-06-16T08:53:34ZWhen someone suffers an injury in a car accident, they shouldn’t have to spend their recovery haggling with the insurance company or fighting with an at-fault party. What they require is immediate financial and medical support, irrespective of how the accident happened. That is why North Dakota has Personal Injury Protection (PIP) in place.
How does PIP work?
North Dakota mandates Personal Injury Protection for all auto insurance policies. When someone in North Dakota gets into an accident, irrespective of whose fault, the injured person can claim a minimum of $30,000 from their insurance company as part of their PIP. Further, it is a strict legislative mandate and insurance companies can rarely deny this basic coverage amount.
What losses will PIP Cover?
While you get monetary support, PIP only covers specific types of out-of-pocket financial losses. These covered categories include:
Medical bills
Lost wages
Childcare
Home services
To receive reimbursement for these expenses, you must provide the insurance company with detailed medical records, receipts and proof of missed work.
What Happens If You Were On the Job?
If you were injured while driving for your employer, your primary path for relief is different. Under North Dakota law, Workforce Safety and Insurance (WSI) handles on-the-job injuries first. However, workers' compensation may not cover the entirety of your lost income or specialized medical needs. In this scenario, you may claim PIP in addition to WSI to successfully cover the financial gap left by the latter.
What if PIP doesn’t cover the damages?
PIP insurance is a great safety net, but it doesn't always cover the full cost of a serious accident. In such cases, you can still file a lawsuit against the at-fault driver to cover your additional charges. With the help of a legal professional in a personal injury claim, you can file a lawsuit against your insurer to hold them accountable and claim the exact share of your benefits.]]>On Behalf of Solberg Stewart Miller<![CDATA[Can you sue a healthcare provider for misdiagnosis?]]>https://www.solberglaw.com/?p=474962026-06-04T14:56:11Z2026-06-04T14:56:11ZYou seek help from a healthcare provider, expecting to receive the right diagnosis and effective treatment. Unfortunately, that may not always be the case. For example, a misdiagnosis can worsen your condition or cause new injury, leaving you frustrated and angry. In situations like this, it is vital to understand how North Dakota law generally treats medical malpractice cases.
Mistake vs. malpractice
A misdiagnosis doesn’t automatically make a health care provider liable. Sometimes a doctor might follow the procedure accurately and still make incorrect diagnoses due to an honest and reasonable mistake.
When does a misdiagnosis become medical malpractice?
While North Dakota law recognizes that non-negligent medical errors can occur, it still expects a healthcare provider to meet a "standard of care." This means they must act with the same skill and caution as any competent healthcare provider in a similar situation would. If a provider falls below this standard while diagnosing you and that failure causes physical, emotional or financial harm to you, you may have a medical malpractice case. Please note that there should be direct evidence that links your worsened condition or new injury to diagnostic error.
The legal road ahead
In medical malpractice cases, the onus usually rests on you to prove that the healthcare provider has indeed committed medical malpractice. To do that, you must provide a medical expert affidavit supporting your claim. A lawyer can help you through this process.However, before you file for a healthcare malpractice claim, the court usually expects you and the healthcare provider to make a good-faith effort to settle the issue without reaching court. The court calls it Alternative Dispute Resolution (ADR), which can be negotiation, mediation, or arbitration. Failure to follow this first step may result in a penalty from the court.
How a medical malpractice attorney can help you here
Be it ADR or court-based settlements, there are a lot of things that can go wrong. Furthermore, medical malpractice claims involving misdiagnosis often depend on detailed medical records and expert testimony. Having an experienced medical malpractice attorney by your side might prove to be a strategic edge. ]]>On Behalf of Solberg Stewart Miller<![CDATA[How a delayed diagnosis can change the outcome]]>https://www.solberglaw.com/?p=474952026-06-03T12:51:14Z2026-06-03T12:51:14Z trust medical professionals to listen to their problems and recognize the symptoms. A delayed diagnosis can have serious repercussions for the patient as well as their family. Especially in cases of life-threatening conditions like cancer, heart conditions and stroke, it can have serious medical complications. At the same time, the patient and their family may suffer emotional turmoil and financial strain.
Families that find themselves in this situation can take proactive steps towards a more positive outcome. The following will discuss signs that commonly indicate a delayed diagnosis contributed to a worsening condition and steps you can take to help on your journey towards recovery.
Signs that a delayed diagnosis may have worsened the condition
A delayed diagnosis may affect a person's treatment options, recovery and overall life quality. Some of the consequences that may arise when a condition is not diagnosed promptly include:
Persistent pain, fatigue or other symptoms may continue to worsen despite treatment
Need for hospitalization, surgery or long-term treatment due to disease progression
Continued struggle with daily activities such as work, physical activity or routine work
These signs could indicate a worsening in the original condition.
Steps to take after a delayed diagnosis
When facing serious medical issues, an early diagnosis gives the patient time to come up with a plan and make an informed decision. Patients seldom question doctors' initial diagnosis or take a second opinion for various reasons, such as familiarity and concerns about cost. However, delays in seeking additional medical evaluation may worsen current conditions. Lost time may also reduce available options in some cases.Those who believe they may have suffered injury as a result of a delayed medical diagnosis are wise to keep medical records, test results, prescription, discharge paperwork and billing statement of the treatment. Keep track of all the doctor visits, procedures and changes in symptoms over time. This information may help patients better understand the course of their treatment and the impact of delayed diagnosis. It is important to understand the legal options available in case it involves medical malpractice]]>