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Personal Injury Claims in North Dakota and Minnesota

When you are injured due to no fault of your own, you can sue the negligent person or company who caused your injury for damages. However, this can be a long and difficult process, filled with complex legal jargon and procedures. Not to mention that you are likely nursing painful injuries on top of dealing with insurance claims and legal paperwork. It’s a lot for anyone to handle.

You may ask yourself, "Is it worth hiring a personal injury attorney?" If you or a loved one have suffered a serious injury due to an accident or another persons negligent behavior, the answer may be yes.

Get honest, accurate legal advice from a Fargo personal injury lawyer that has been helping people like you for more than 50 years. Call us now at 701-401-8588 or contact us online.

What Are Personal Injury Claims?

Personal injury is a legal term that refers to harm done to the body, as opposed to property. A person can file a personal injury claim if they have been injured due to the negligent actions of another party. Personal injury claims often involve car accidents, dog bites, and slipping and falling on someone’s property due to unsafe conditions.

The key to any personal injury claim is proving negligence. It’s not enough to claim that someone crashed into your car—you must show that the person hit you because they weren’t paying attention or were speeding, for instance.

Some important legal terms commonly associated with personal injury cases include:

  • Plaintiff: The accident victim bringing the personal injury claim.

  • Defendant: The person or company who is at fault for the accident and being sued.

  • Statute of Limitations: The amount of time you have to file a personal injury claim. In North Dakota, you can file for up to six years after the date of an injury.

  • Tort: A wrongful act that is not a crime; usually it happens unintentionally. A personal injury claim is a type of tort.

  • Negligence: A tort that arises from a lack of care. Recklessly driving over the speed limit, for example, is a type of negligence

  • Burden of Proof: The plaintiff's obligation to prove that the defendant caused an injury due to negligence.

  • Damages: Whatever a plaintiff is seeking to recover from their personal injury lawsuit. Common damages include reimbursement for medical expenses, missed work, and other accident-related expenses.

The Personal Injury Claims Process

When you file a personal injury claim, you are initiating a legal process in which a plaintiff (you) is seeking compensation from a defendant (the entity who is liable for your accident). Most personal injury claims settle after a period of negotiations, but some cases go all the way to court.

The claims process looks different for everyone because how a case proceeds is based on factors such as what type of accident occurred, how serious the plaintiff’s injuries are, how much evidence is available, and how cooperative the defendant is. However, there are some basic steps that are present in every case.

The process usually starts with a demand letter, in which the plaintiff outlines what happened and asks the defendant’s insurance company for money. If the insurance company won’t pay enough to cover damages—or at all—then the defendant can file a “complaint,” officially initiating the lawsuit.

Next comes the discovery phase. During this time, both parties and their lawyers will investigate the facts of the case by looking at evidence and talking to witnesses and experts. Both sides will also be questioned during a meeting known as a “deposition.”

Finally, the case will conclude during formal negotiations during which both parties agree on an adequate settlement amount. In the rare cases that parties cannot come to a mutual agreement, the case will go to court.

Personal Injury Cases We Handle

We handle all types of serious personal injury cases including those related to injuries caused by:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Assaults
  • Defective and dangerous drugs
  • Dangerous and defective medical devices
  • Medical negligence (often called malpractice)
  • Professional negligence
  • Airplane crashes
  • Boating accidents
  • ATV and snowmobile crashes
  • Farm accidents
  • Exposure to chemicals
  • Slips, trips, and falls
  • Dangerous premises
  • Construction injuries
  • Animal attacks
  • Defective and unsafe tools and equipment
  • Dangerous products
  • Dram shop actions (claims against a bar for continuing to serve an intoxicated person)

The personal injury attorneys at Solberg Stewart Miller are trial-tested legal advocates who are unafraid of going against uncooperative defendants and large corporations, even if it means going to court. No matter what we come up against we will stand by you throughout your personal injury case.

Why Choose Solberg Stewart Miller?

  • You Don't Pay Unless We Win
  • Complete Understanding of Your Story & Needs
  • Over $100 Million Dollars Recovered
  • Over 50 Years of Experience

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Attorneys at Law Since 1966
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