Personal Injury Myths in North Dakota

Myths and misconceptions are common in personal injury law, largely thanks to inaccurate media representations and misunderstandings about the claims process.

If you’ve been injured in an accident, it is entirely up to you whether you choose to pursue legal action. You should, however, be able to make an informed decision without being misled by false information.

We’ve compiled some of the most common myths about the personal injury legal process. Read below to find out what’s true, what’s false, and whether legal representation is right for you.

Myth 1: Personal Injury Attorneys Are Expensive

In many areas of law, attorneys require their clients to pay a retainer fee, and then they charge hourly for their legal services. Most personal injury attorneys, though, do not do this. Instead, accident attorneys work on a contingency fee basis.

This means that after your initial consultation, your attorney will get started on your case right away without requiring any upfront fees. They will see your claim through to the end. If you win your case and receive a settlement, then your attorney’s fees will be calculated as a percentage of your settlement amount.

There are several advantages to this fee structure. The first is that money is not a barrier to hiring an attorney—anyone can access excellent legal representation regardless of their financial situation. The second benefit is that it ensures that your attorney’s goal is the same as yours: to get you maximum compensation for your damages.

Myth 2: Insurance Companies Will Treat You Fairly

Some accident victims believe that the responsible party’s insurance company will give them a fair settlement offer right away. Others may be aware that the offer doesn’t cover all their damages, but believe they must take whatever offer the company gives them.

Neither of these are true. Many times, insurance companies will try to avoid offering injury victims fair compensation. They may make a lowball offer or try to deny liability altogether. That doesn’t mean, though, that you must always settle for the first offer they make.

An experienced personal injury attorney can help you understand the value of your case and will negotiate with insurance adjusters to get you the compensation you deserve. 

Myth 3: You Will Financially Ruin the At-Fault Party By Filing a Personal Injury Claim

One of the most common misconceptions surrounding personal injury law is the idea that the at-fault party will be financially responsible for the injury victim’s medical expenses and other damages. This may deter victims from choosing to file a claim, especially if the responsible party is a friend, family member, or neighbor. 

In fact, in many cases it is an insurance provider that is responsible for any payouts. In the case of a car accident, the at-fault party should have auto insurance coverage that may cover your damages. 

If your life has been impacted by physical injuries, emotional distress, and property damage after an accident, you deserve to be compensated for your damages.

Myth 4: Minor Injuries Do Not Warrant Compensation

In some accidents, a victim’s injuries may seem insignificant at first. They may not believe that their situation requires a personal injury claim.

It’s true that not every accident leads to financial damages or physical injuries. Those that do, however, can quickly become expensive. Medical bills often pile up rapidly, leaving victims wondering how they will pay them. Additionally, even small injuries can lead to lasting, chronic pain.

If you are unsure whether your accident warrants filing a personal injury case, call The North Dakota Advocates for a free consultation. Our experienced attorneys will help you understand your 

options at no cost.

Myth 5: People Who Pursue Personal Injury Cases are Greedy

The media often represents personal injury attorneys and their clients as money-hungry people looking for a quick payout. In reality, personal injury cases are not a path to easy money. 

Injury victims are typically honest, hardworking people who are facing a serious challenge in their lives. Their attorneys are there to represent them, advocate for them, and guide them through the legal process.

If you have been injured due to another person’s negligence, you deserve to be compensated fairly. An attorney can help you recover physically, emotionally, and financially.

Myth 6: You Can File a Personal Injury Lawsuit at Any Time

All personal injury cases are subject to a time limit known as the statute of limitations. When the statute of limitations expires, you lose your right to file a claim.

In North Dakota, the statute of limitations for personal injury cases is generally six years. For wrongful death cases, it is typically two years.

While six years may seem like a long time, personal injury cases can move slowly. In many cases, you must be done treating your injuries before you can receive a settlement. Negotiations can also take a long time depending on the other party’s willingness to settle. 

Additionally, there are many factors that can impact these time frames, making them longer or shorter. It is in your best interest to speak to an accident attorney as soon as you believe you may have a case.

Myth 7: You Will Have to Appear in Court if You File a Personal Injury Claim

Not all personal injury cases go to court. In fact, most cases settle during negotiations.

However, if your attorney believes the other party is unwilling to make a fair settlement offer, they may advise that you take your case to litigation. You may also need to go to trial to keep the statute of limitations from expiring.

If you do choose to go to litigation, your attorney will build your case, prepare you for court, and argue your case in front of a judge and/or jury. They will fight to get you a favorable verdict.

Going to court will extend the life of your claim by months or even years, depending on the court’s caseload. It may, however, be your best option for getting the compensation you deserve.

Myth 8: Injury Victims Cannot Get a Settlement if They Were Partly Responsible for Their Accident

North Dakota is a modified comparative negligence state. This means that fault is assigned as a percentage to each party involved. An accident victim can receive compensation for their damages as long as they are less than 50% responsible. 

For example, in a car accident, one party may be assigned 70% of the fault, while the other party is found to be 30% responsible. The person who is assigned 30% of the blame can recover some compensation for their injuries, but their settlement will be reduced according to their level of responsibility.

The Truth: A Personal Injury Lawyer with The North Dakota Advocates Can Help You Recover

The North Dakota Advocates are a team of experienced attorneys and staff members committed to helping injury victims recover and get their lives back on track. Our personal injury law firm has years of experience gathering evidence, negotiating with insurance providers, and offering sound legal advice to our clients.

Contact us today for a free case evaluation. You deserve an attorney who puts you and your family first. You deserve an Advocate.