Rules and regulations governing personal injury claims vary from state to state. This means that, in the State of North Dakota, claimants must be familiar with the laws that dictate personal injury cases to receive the correct compensation.
It is advisable to hire an experienced personal injury attorney to assist you with your claim. He or she will help you determine the best time to file your claim, the amount of compensation you are entitled to, the type of compensation you are entitled to, and which parties to hold responsible for your injuries. Hiring a professional will simplify the process and increase your chances of receiving compensation.
North Dakota is a “Comparative-Fault” State
For compensation to be awarded, each party’s degree of negligence must first be established. Responsibility for the injuries in question can be assigned to one individual or spread among several parties. In North Dakota, the claimant can be minimally responsible for their own injuries and still receive compensation. This means the claimant must hold less than 49 percent of the responsibility for their own injuries to seek damages while other parties named in the claim must be 51 percent or more responsible.
Each party’s degree of responsibility dictates the amount of compensation the claimant will receive. If the claimant is partially responsible for their own injuries, their compensation will be reduced accordingly. In other words, if the claimant is 30 percent responsible, then he or she would only recover up to 70 percent of the damages they would have otherwise been entitled to.
Potential Damages for Personal Injury in North Dakota
Damages awarded in a personal injury claim in North Dakota can include financial losses as well as non-financial losses. Financial losses include medical expenses, loss of wages, loss of future earnings, the cost of household help, skilled nursing care, and property damage. Non-economic losses are less easily defined and include pain and suffering caused by injuries.
Statute of Limitations for Personal Injury Claims in North Dakota
Every state limits the amount of time a claimant has to file a personal injury claim. In North Dakota, the statute of limitations is two years for wrongful death and libel and slander claims. However, the statute of limitations for all other types of personal injury cases is six years. The six-year statute is considered to be very lenient as most statutes of limitations are only three years.
Despite the lengthy timeframe, you should seek legal help as soon as possible after you suffer injuries. This will give your attorney time to collect evidence, file the case, and provide you with the appropriate guidance to receive a successful outcome.