Personal Injury Claims & Lawsuits In North Dakota

Common Types of Personal Injury Claims Filed in North Dakota

Whether you’ve suffered injuries in a crash or as a result of medical malpractice, you have legal options available. It’s essential to understand who may be responsible for your losses and what your chances of succeeding in court might be if you begin personal injury claims & lawsuits in North Dakota.

Motor Vehicle Accident

North Dakota is a no-fault state for collisions, so you would first file a claim with your own insurance company. If your losses are greater than what your personal injury protection (PIP) covers, then you can file a claim or lawsuit against the other party.

To pursue a claim against the other party, plaintiffs must prove that the defendant caused the accident. Defendants will do what they can to demonstrate that you were partly responsible for your losses. Because the state has modified comparative negligence laws, you can still recover losses if your share of the fault is below 50%.

If you go to trial, the national success rate for car accident cases is 64%.

General Injury

These types of personal injury claims & lawsuits in North Dakota require that you file against the other party’s personal liability, general liability or homeowners insurance. You can file a lawsuit against their own assets, too.

The plaintiff in these cases must demonstrate that the other party was negligent or wrongful in their conduct, resulting in losses. The defendant could try to prove that the plaintiff contributed to their injuries, minimizing their claim. Throughout the country, general injury trial success rates are about 50%.

Workers' Compensation

If you suffered an injury or developed an illness at work, you can file against your employer’s workers’ compensation insurance. You generally won’t be able to sue, however, unless a third party was involved.

The plaintiff has to demonstrate that the injury or illness was work-related and that it impedes them from working. The defendant might state that the injury did not occur at work. Trial success rates for these claims are not available.

Sexual Assault

As a sexual assault survivor, you can file a claim against the perpetrator’s personal liability or general liability insurance. You may choose to file a lawsuit against the perpetrator and against any other parties who may have held some percentage of liability for your trauma, like institutions that should have kept you safe.

The plaintiff must demonstrate that they engaged in sexual activity against their will or when they were not able to grant consent. The defendant may try to deny that the assault occurred or state that the sexual activity was consensual. Trial success rates for intentional torts average out to 52%, but there are no statistics specifically for sexual assault.

Dog Bite

If a dog bites you, you can file a claim against the owner’s personal liability or homeowners insurance. It may also be possible to file a lawsuit directly against the person.

In North Dakota, the plaintiff must demonstrate that the owner knew their dog was dangerous and that they were negligent in preventing the attack. The defendant could state that you provoked the animal, that they didn’t know it was dangerous or that you were trespassing. The trial success rate for dog bite claims nationwide is 75%.

Slip and Fall

You can file a claim against the liable party’s general liability or homeowners insurance after a slip and fall. If you begin a lawsuit, you can file it against the property owner.

The plaintiff must demonstrate that the defendant knew the hazard existed and did nothing to resolve it. As a defense, the other party could claim they were not aware of the danger or that it was visible enough that you should have noticed and avoided it. For slip and fall accidents nationwide, the trial success rate is 39%.

Medical Malpractice

In addition to filing a claim against the professional’s medical malpractice insurance, you can file lawsuits against the defendant directly, as well as against employers who might be responsible via vicarious liability.

The plaintiff will need to demonstrate that the medical professional didn’t offer the standard level of care, resulting in harm. The defendant will try to show that they were not negligent. The trial success rate for medical malpractice cases is between 21% and 30%, nationwide.

Filing a Personal Injury Claim

To file a personal injury claim, the first step is to hire an attorney. Your lawyer will send a demand letter to the other party’s insurance, outlining your losses and the compensation you’re seeking. The insurer will respond, which typically leads to negotiations and a settlement. As many as 70% of all personal injury cases are settled.

Typical Personal Injury Settlement Amounts in North Dakota

The average settlement for car accidents in the country is $30,416, while for workers’ compensation claims, it was $47,316 in 2023. Average settlements for sexual assault in North Dakota fall between $750,000 and $1,150,000. For slip and fall accidents, the settlement average can range from $10,000 to $50,000.

When You Need to File a Lawsuit

If your claim has been denied, there are questions about fault or you continue to get low offers from insurers, it’s time to consider a lawsuit. Your lawyer can file with the appropriate court and have the other party served. This starts discovery, which can include depositions, along with continued negotiations.

Only about 15% to 20% of cases become lawsuits, and of these, no more than 5% go to court.

Get Matched With a Personal Injury Lawyer in North Dakota

Filing personal injury claims & lawsuits in North Dakota requires an experienced attorney’s help. They can negotiate with insurers and take your case to court, as needed.

At ConsumerShield, we can quickly connect you with dependable lawyers in North Dakota. Fill out our easy contact form to get started today.