At the same time, you can claim damages for your past and future lost wages.
North Dakota is among the few no-fault states in the US. This means that, if you’re involved in a car accident you will have to file a personal injury claim with your own insurance company. Only if your case meets certain prerequisites you can file your claim with the other driver’s insurance. Either way, getting a fair settlement won’t be easy and the main reason for that is that most people don’t know what their rights are and how much their claim is worth. If you have been injured in any type of accident caused by someone’s negligence, your safest option would be to talk to a skilled North Dakota accident lawyer before you do anything.
What sort of damages can I recover in North Dakota?
If you were the victim of an accident, such as car crash, truck accident, boating accident, slip and fall, medical malpractice, etc, you have the right to file a personal injury claim. Most people want to know how much their claim could be worth, but only an experienced accident lawyer in Fargo, ND, can tell you that.
If you’re counting on the insurance company to tell you that, you’re making a big mistake. As they are the ones who will have to pay the damages, it is in their best interests to minimize the value of your claim. They might even try to pin the blame on you, so you don’t get any damages, or pretend that your accident isn’t covered by your insurance.
If they make you an offer, don’t take it. Bide your time and seek urgent advice from a lawyer with many years of experience in personal injury claims.
Under North Dakota law, you are entitled to recover three types of damages:
These should be easy to calculate as they include all your medical bills, such as trips to the ER, hospital stays, prescription medications or rehabilitation programs.
At the same time, you can claim damages for your past and future lost wages. Keep in mind that if you settle early, you might not be awarded future lost wages. Maybe your doctors told you that you’ll be able to return to work in three months’ time and you accept a settlement based on that. What happens if you develop some sort of complications and you won’t be able to get your old job back?
The law allows you to be compensated for your pain and suffering, but how can you put a price on pain? A seasoned lawyer can help you put an estimate on your pain and suffering based on the severity of your injuries and by looking up legal precedents. No two cases are the same, but digging up legal precedents will show how much money were other people in your position able to recover.
These types of damages are awarded only if the party at fault acted with gross negligence. If you were involved in a DUI accident, and there are many of those in North Dakota, you might be able to recover punitive damages as they are meant to punish those responsible and deter other drivers from getting behind the wheel when they’ve had too much to drink.