Personal injuries can occur in numerous ways, from vehicle accidents to slips and falls in public places. If you’ve been injured, it’s natural to wonder if you have a valid personal injury claim. In North Dakota, the law allows individuals to pursue personal injury lawsuits when someone else’s negligence caused their harm. This article will explain what qualifies as a personal injury claim in North Dakota and what steps you can take to determine if your case is valid.
Table of Contents
Understand the Elements of Negligence
One of the most important factors in determining whether your personal injury claim is valid is to understand the elements of negligence. In North Dakota, every individual and legal entity has a duty to act with reasonable care in everything they do. If someone breaches that duty through their actions or inactions, and you are injured as a result, you may have a valid personal injury claim.
The elements of negligence include:
- Duty: the defendant owed you a legal duty of care
- Breach: the defendant breached that duty of care by acting (or failing to act) in a way that a reasonable person would not have in the same situation
- Causation: the defendant’s actions (or inactions) caused your injury
- Damages: you suffered actual damages as a result of the injury
Identify the Cause of Your Injury
To determine if your personal injury claim is valid, you must first identify the cause of your injury. In general, injury-causing incidents fall into two categories:
Accidents: accidents can happen for a variety of reasons, from slippery floors to car accidents. If you were injured in an accident, you may have a personal injury claim if someone else’s negligence caused the accident. For example, if you slipped and fell on a wet floor in a grocery store because the store staff didn’t put out a “caution” sign, you may have a valid claim.
Intentional acts: intentional acts include things like assault, battery, and defamation. If someone intentionally harmed you, then you may have a valid personal injury claim.
Consider the Severity of Your Injuries
In North Dakota, the severity of your injuries can be a determining factor when deciding if you have a valid personal injury claim. If your injuries are minor, such as a bruise, they may not be enough to support a claim. In contrast, if your injuries are severe, such as a traumatic brain injury, broken bones, or a spinal cord injury, then you have a strong basis to pursue a claim. Severe injuries can lead to high medical bills, lost wages, and a reduced quality of life, all of which can be recovered through a personal injury claim.
Know the Statute of Limitations
In North Dakota, there is a statute of limitations that applies to personal injury claims. This statute of limitations is the time period in which you must file a lawsuit to pursue your claim. In North Dakota, you have six years from the date of the injury to file your lawsuit. If you wait too long, you may forfeit your right to recovery.
Speak with an Experienced Personal Injury Attorney
Determining if your personal injury claim is valid can be complicated, and it may be difficult to pursue your claim without the help of an experienced personal injury attorney. A personal injury attorney can review the facts of your case, advise you on your legal options, and help you navigate the legal process. They can also help you negotiate with insurance companies to ensure that you receive the compensation you deserve.
Final Thoughts
If you’ve been injured in North Dakota and are wondering if you have a valid personal injury claim, you must first determine if someone else’s negligence caused your injuries. Identifying the cause of your injury, the severity of your injuries, and the statute of limitations can all play a role in determining if you have a valid claim. Speaking with an experienced personal injury attorney can also be beneficial in helping you understand your rights and legal options.