North Dakota is breathtaking. With the Badlands in the background, it's almost forgivable to take your eyes off the road – but that is what leads to so many car accidents, personal injuries and negligence cases. Then it's a matter of figuring out where to place blame and liability. Maybe it was you who was injured, or maybe it was a relative or friend. Whatever happens during your North Dakota adventures, if you need guidance for your personal injury case, Enjuris has the answers.
North Dakota Personal Injury Cases & Accident Info
North Dakota statutes online
This is where you’ll find the North Dakota Century Code. The website has details about how long you have to bring a case, monetary limits on personal injury cases (which are also known as damage caps), and other important information.
North Dakota's car accident statutes of limitation
In North Dakota, you have six years to bring both a personal injury and a property damage claim. That means you have six years to file your paperwork with the court, not that your case has to be completed in that time frame.
The initial meeting with a personal injury attorney is normally free of charge. (Note that other legal specialties, such as estate planning law or white collar crime law, are different.) After that, lawyers work on a contingency basis, which means that they will take a third of the eventual reward, plus whatever office expenses they incur along the way.
If your case goes to trial, that percentage could rise to 40% of the eventual reward or judgment. These numbers aren't determined by law, so don't be surprised if your lawyer suggests something else.
These are some cases of legal significance that came out of North Dakota's courts:
Birchfield v. North Dakota, 579 U.S. ____ (2016): The United States Supreme Court held that the "search incident to arrest" doctrine, or SITA, allows police officers to conduct warrantless Breathalyzer tests on suspected drunk drivers, but not blood tests, as the latter is far more intrusive and violates the drivers' Fourth Amendment right to privacy. While both blood and breath tests are considered intrusive, one is far more intrusive than the other, as it pierces the skin and literally takes a bodily fluid. The goal of traffic safety can still be obtained by a breath test, which is far less invasive.
Quill Corp. v. North Dakota, 504 U.S. 298 (1992): Quill Corporation makes office supplies and had, at the time of this case, no physical presence in North Dakota – no regional office, no factories, and no distributors. It did, however, had a licensed software program that some North Dakota customers used to check Quill's inventories and place orders, upon which the state attempted to place a use tax, arguing that the company had established a presence there by means of the physical floppy discs. The Supreme Court instead relied on the Commerce Clause and interstate commerce. When a company's presence is only by mail or telephone, it lacks the "substantial nexus" required for the use tax to apply under the Dormant Commerce Clause.
There are many issues you can solve without the help of a lawyer. If you don't know where to start, a law librarian can help you. They are usually legally trained, and they can help you both with texts or online research engines like LexisNexis or Westlaw.