Fargo Car Accident Lawyers

Fargo car accident FAQs

Here are some of the questions potential clients often ask us about car crashes and accident claims.

What are the most common injuries stemming from car accidents?

Car crashes can cause a wide range of injuries. Some of the more common ones include:

• Head and brain injuries (including concussions and TBIs)
• Neck and back injuries, including disc damage
• Spinal cord injuries and paralysis
• Broken bones and fractures
• Internal organ injuries
• Burns and lacerations
• Permanent scarring or disfigurement
• Fatal injuries in severe crashes

Is North Dakota an at-fault state?

North Dakota is considered a no-fault state because of how the insurance system handles initial injury claims. PIP coverage pays certain economic losses regardless of fault, but it is often possible to bring a claim against a negligent driver as well. To pursue a claim against an at-fault driver, you must prove that you meet the serious injury threshold. It’s often not difficult to meet that demand, which requires at least $2,500 in medical expenses or, alternatively, disfigurement or disability lasting 60+ days.

What happens in a car accident lawsuit?

A car accident lawsuit typically involves the following steps and stages:

• An investigation of fault, damages, and insurance coverage
• The filing of a formal complaint in civil court
• The exchange of evidence through the discovery process
• Attorneys take depositions (formal interviews under oath) of parties, witnesses, and experts
• The parties may engage in mediation or settlement talks
• If all negotiations fail, the parties have to go to trial before a judge or jury
• The trial ends with a verdict determining issues like fault and the amount of damages if the court awards them
• Sometimes, there are post-trial motions or appeals following trial

It’s important to remember that most cases will never go to trial. However, you want a lawyer who is ready to go to trial if you need to. Insurers are more likely to make a fair settlement offer if they believe you are willing to take your case in front of a judge and jury.

How long does it take to get a car accident settlement?

The timelines can vary greatly because there are too many factors that can influence how long it takes to resolve a claim. A minor injury claim may resolve in months, while a serious injury case is likely to take longer due to medical treatment timelines. If the parties are disputing liability, that can lead to delays as well. Insurer cooperation and coverage limits may factor in as well. If the case needs to go to trial, then the timeline will be longer than if it settles – but remember that fast isn’t always better. Insurers often hope that victims of crashes will take a quick payout rather than holding out to force them into a fair settlement.

How can a car accident lawyer help?

Your car accident lawyer is the person on your side throughout the process. They advocate for your best interests and help you to understand your options so you can make informed decisions. Some of the tasks your lawyer may handle include:

• Investigating how the accident happened
• Identifying all available insurance coverage
• Working with medical providers and expert witnesses to demonstrate your losses
• Calculating current and future damages
• Handling communications and negotiations with insurers
• Preparing the case for trial in the event that insurers make unfair settlement offers
• Protecting clients from common insurance tactics aimed at resolving cases for less than they are worth

Can you sue for punitive damages in a car accident claim?

Yes, but only in limited cases. North Dakota refers to “punitive damages” as “exemplary damages.” To collect these, the driver’s conduct must involve oppression, fraud, or malice, and you and your lawyer must prove that behavior by clear and convincing evidence (N.D.C.C. § 32-03.2-11). In motor vehicle cases, exemplary damages may apply if a drunk or drug-impaired driver caused the crash. Exemplary damages are not automatic. The court must approve your claim even before you start to pursue them. They are also capped by law. The goal of these is to punish especially dangerous behavior; it’s not about accountability for ordinary negligence.