Solberg Stewart Miller FindLaw IM Template 2026-07-24T18:26:37Z https://www.solberglaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1203277/2022/10/cropped-ID-image-75x75.jpg On Behalf of Solberg Stewart Miller <![CDATA[Mistakes to avoid in a personal injury case]]> https://www.solberglaw.com/?p=47503 2026-07-24T18:26:37Z 2026-07-24T18:26:37Z Critical 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=47502 2026-07-24T07:53:09Z 2026-07-24T07:53:09Z Start 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=47501 2026-07-13T06:26:02Z 2026-07-13T06:26:02Z workers' 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=47499 2026-06-29T14:48:37Z 2026-06-29T14:48:37Z The 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=47498 2026-06-16T08:53:34Z 2026-06-16T08:53:34Z When 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=47496 2026-06-04T14:56:11Z 2026-06-04T14:56:11Z You 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=47495 2026-06-03T12:51:14Z 2026-06-03T12:51:14Z 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]]> On Behalf of Solberg Stewart Miller <![CDATA[What to do if your child is bitten by a dog in North Dakota]]> https://www.solberglaw.com/?p=47493 2026-05-13T11:20:49Z 2026-05-13T11:20:49Z Seeking treatment and documenting everything Getting your child treated immediately is crucial after they get bitten. Dog bites in children have a higher risk of infection and can require stitches or surgery. Moreover, you may need to get preventative rabies treatment for your child if the dog is not vaccinated for it. Asking the provider to document the full extent of the injuries can provide crucial support when you file a claim. These medical records can help connect your child’s injury to the incident with the dog.

Compensation you can seek from the dog owner

You can file a personal injury claim against the dog owner for your child’s injuries. Some damages you request compensation for include:
  • Current and future medical bills
  • Pain and suffering
  • Your lost wages
  • Surgery costs
  • Emotional distress
  • Permanent scarring or disfigurement
  • Counseling for your child
Most of the time, the dog owner’s homeowners insurance will cover the claim so a negotiation may take place before you can receive compensation.

Navigating North Dakota’s dog bite laws

Since North Dakota does not have a specific dog bite statute, claims are usually handled under a general negligence system. Dog owners may be responsible if they knew or should have known that their dog was aggressive. They can also be liable for negligence even without a prior bite. While you may be able to establish the careless behavior through evidence, the other party may use comparative negligence as a defense. This means that if you are more than 50 percent at fault for your child’s injuries, you cannot recover damages from your claim. Seeking legal guidance can help you challenge these defenses while fighting for a favorable outcome.

Promoting responsible pet ownership

Pursuing compensation after a dog bite is not just about protecting your child’s well-being. Your claim can also hold the dog’s owner accountable while encouraging safer behavior to prevent another child from getting hurt.]]> On Behalf of Solberg Stewart Miller <![CDATA[Can AI and telemedicine increase misdiagnosis risks?]]> https://www.solberglaw.com/?p=47492 2026-05-07T14:46:33Z 2026-05-07T14:46:33Z Where telemedicine and AI may create problems The risk of misdiagnosis may rise when providers rely too heavily on remote technology instead of closely reviewing symptoms. During a virtual visit, your provider may face challenges such as:
  • Missing physical signs that would appear during an in-person exam
  • Spending too little time discussing symptoms
  • Delaying imaging or lab testing
  • Missing signs of stroke, infection or cancer because symptoms appear mild at first
These risks may increase in rural communities where patients already have limited access to advanced medical care.

Some conditions are harder to diagnose remotely

Some health problems simply require more than a video call. Pain, swelling, weakness and trouble moving may require an in-person exam. Without more testing or an in-person exam, providers may miss signs of serious illness or diagnose a condition too late. Even when using telemedicine or AI tools, providers still need to take symptoms and warning signs seriously.

When technology-related mistakes may raise concerns

Not every missed diagnosis or poor medical outcome means malpractice occurred. Doctors can make reasonable decisions even when treatment does not work as expected. Problems may arise when providers rely too heavily on technology or fail to order more testing. In some situations, misdiagnosis may happen because a provider:
  • Relied on a virtual appointment when a physical exam was necessary
  • Failed to follow up on concerning symptoms
  • Ignored signs that required imaging or specialist referral
  • Delayed treatment after incomplete evaluation
These situations can become serious when delayed care allows a condition to worsen.

Technology should not replace careful attention

AI and telemedicine will likely remain part of modern healthcare, especially in rural communities where access to care may feel limited. Still, providers should not rely on remote technology in place of careful evaluation and follow-up when symptoms require closer attention. When providers miss warning signs or delay testing, serious conditions may go untreated until the harm becomes harder to address.    ]]> On Behalf of Solberg Stewart Miller <![CDATA[When you suspect a missed diagnosis: A practical guide for Fargo residents]]> https://www.solberglaw.com/?p=47491 2026-05-05T10:10:31Z 2026-05-05T10:10:31Z Doctors are generally trusted for their medical opinions and diagnoses. However, even they can make mistakes with their assessments, and it can have dangerous consequences for their patients. If you are a patient and you suspect that your doctor delayed their diagnosis, it can be a frustrating experience. Not only are you not getting any better, your condition could be worsening. You might be spending more for your treatment if your doctor fails to properly diagnose your condition in a timely manner. This blog will explain how to spot possible problems, what steps to take right away and how to protect your health and legal options.

The importance of addressing a delayed or missed diagnosis

Delays in diagnosis can affect treatment, recovery and costs. Acting quickly gives you the best chance to document what happened, get an accurate medical assessment and, if needed, explore legal options before time limits expire.

How to tell the difference: A poor outcome vs. malpractice

Not every missed diagnosis is malpractice. To consider a legally meaningful medical malpractice action, most claims need four things:
  • Existence of a doctor–patient relationship
  • Breach of the standard of care
  • Causation between the lapse and the resulting harm
  • Presence of measurable damages (medical bills, lost wages, or injury)
These are legal standards. A clinician’s error that did not cause harm is not always legally actionable. Still, identifying possible breaches in care is important for deciding next steps.

Common delayed diagnosis red flags to watch for

Healthcare decisions often rely heavily on trust, but trust should never replace awareness. When symptoms persist or feel dismissed, it’s important to pay attention rather than brush them aside. Knowing what to look for can help you take control of your health and avoid potential delays in proper care. Look for patterns or specific warning signs:
  • Multiple visits for the same complaint with no new tests or referrals
  • Repeated reassurance that it’s “just stress” when symptoms persist or worsenObvious alarm symptoms that were not addressed, such as:
    • Severe unexplained pain
    • Sudden weight loss
    • Bleeding
    • New neurological signs
  • Failure to order routine or recommended tests, or to refer to a specialist when a reasonable clinician would have done so
  • Conflicting or missing documentation in your medical records
Recognizing these issues is the first step toward getting appropriate care. If you notice any of these red flags, it may be time to seek a second medical opinion.

Time limits: Why acting quickly matters

Statutes of limitations vary by state. North Dakota often uses a two‑year limit for many malpractice claims measured from injury or discovery. Missing the relevant deadline can permanently bar a claim. If you suspect a missed diagnosis, take immediate steps to secure records and get a second opinion.

Delayed diagnoses are dangerous and should be addressed

Being told a problem is “stress” when something feels wrong can leave you uncertain and fearful. Documenting everything, getting another medical opinion and consulting with an attorney may help you understand whether you faced an unavoidable complication or a preventable failure of care. Protecting your health is the top priority; the steps in this guide will help you act clearly and quickly.]]>