Personal Injury

Bismarck, North Dakota Personal Injury Law Attorneys

A personal injury accident can happen anytime, anywhere.  You may be at work or driving in your car when your injury accident occurs.  These types of accidents can be extremely traumatizing and some injuries may even have lifelong consequences. If you or someone you love has been injured in an accident that was caused by the careless, reckless, or negligent actions of another person or business, you may be entitled to compensation for your injuries and losses.  At Germolus Knoll & Leibel, LLP, our lawyers have decades of combined legal experience successfully handling even the most complex personal injury cases in North Dakota. You don’t have to suffer in silence or face this alone.  Our lawyers can help you get the compensation that you are entitled to for the injuries that you sustained in your accident.

The state of North Dakota allows personal injury victims in some circumstances to seek compensation for the following:

  • Medical treatment
  • Rehabilitation and long-term care
  • Lost wages from missed work
  • Future lost income
  • Emotional trauma
  • Pain & suffering
  • Property damage

The personal injury lawyers at Germolus Knoll & Leibel, LLP are well-respected by our peers and the judges in our community.  Our office is located in Bismarck and we offer our services to all of the surrounding areas in North Dakota.  We have helped many injured North Dakotans successfully seek justice and compensation for the injuries they endured as a result of their personal injury accident.  Let us help you too.

Areas of Personal Injury Law That We Can Handle

Everyone knows that accidents can happen anywhere—whether a car accident, pedestrian accident, slip & fall, a workplace accident or another incident that happened at the hands of another party.  Because personal injury can occur in almost any circumstance, personal injury law similarly covers a wide breadth of issues. No matter the context in which you were injured, we can help you understand your rights and determine whether another party is responsible. Our lawyers are experienced with the following types of personal injury cases, and more:

  • Car Accidents
  • Motorcycle Accidents
  • Pedestrian Accidents
  • DUI Accidents
  • Truck and Commercial Vehicle Accidents
  • Bus Accidents
  • Train Accidents
  • Medical Malpractice
  • Nursing Home Abuse/Accidents
  • Burn Injuries
  • Neck and Back Injuries
  • Traumatic Brain Injuries
  • Spinal Cord Injuries
  • Slip and Fall Accidents
  • Dog Bites
  • Aviation Accidents
  • Workplace and Construction Accidents
  • Wrongful Death

We handle all types of personal injury claims ranging from minor injuries to catastrophic and life-changing injuries.  Call Germolus Knoll & Leibel, LLP today to speak with one of our skilled and knowledgeable personal injury lawyers about your accident to find out if you have the right to pursue a claim for your injuries and losses.

Motor Vehicle Accidents in North Dakota

Even a minor car crash is scary but if you happen to be seriously injured in an accident your life can be seriously upended. You may suffer both physically and emotionally after being injured in an accident. Victims of automobile accidents are often left to fend for themselves with regard to medical treatment, lost wages, steep medical bills, catastrophic injuries, and loss of enjoyment of life. The last thing you need to worry about after a car accident is how to get fairly compensated for your injuries when you should be concentrating on what’s most important: your recovery.

We can answer any questions you may have about your injury accident.  We will work diligently to develop your case and collect the compensation that you are entitled to. Our attorneys have decades of personal injury experience handling even the most complex and complicated claims.  We have the experience, skills, and resources needed to fight even the largest insurance companies.

We can assist in the following types of automobile accident cases and more: accidents caused by mechanical malfunctions, accidents caused by road hazards, bicycle accidents, car accidents resulting in catastrophic injuries, car accidents resulting in wrongful death, distracted driving accidents, drunk driving, failure to yield accidents, hit and run accidents, motorcycle accidents, pedestrian accidents, single-vehicle accidents, and truck accidents.

Dog Attacks

While an untrained dog can be extraordinarily dangerous, any animal is capable of lashing out and unexpectedly attacking someone. These attacks can result in disfigurement, infections, severe scarring, and even death. Children are especially vulnerable due to their small stature. Many times, these dogs victimize children under the age of 12.  Over half of dog accident fatalities are children under the age of 10.

Fortunately, North Dakota law permits a dog bite victim to seek out compensation. The owner(s) of the attacking dog, the owners of the property where the dog attacked, and the landlords who allowed aggressive animals on their property can all be held liable for a dog attack under certain circumstances. If you or someone you love was recently injured in a dog attack, you may be entitled to compensation for your injuries and losses. Contact the lawyers at Germolus Knoll & Leibel, LLP today to discuss your dog attack to find out if you have the right to file a personal injury lawsuit.

Nursing Home Neglect

Unfortunately, our elderly loved ones are among the most vulnerable and least represented members of our communities. Nursing homes and adult care centers are required by law to provide clean, safe and adequate care to the elderly and disabled patients that live in them.  Many of these nursing homes and care facilities have continuous issues such as inadequately staffed facilities, inadequately trained staff, poor or insufficient supervision of patients, poorly maintained equipment, and overmedicating patients can easily increase the risk of injury to their residents. Nursing home neglect can cause serious injury or even death.

Types of nursing home neglect may include physical abuse, sexual abuse, emotional abuse, and financial abuse and exploitation. Look out for the following warning signs:

  • Social isolation
  • Poor personal hygiene
  • Unexplained injuries
  • A sudden change in temperament
  • Bed Sores
  • Signs of malnutrition
  • Over Medicating or Sedation.

Contact Germolus Knoll & Leibel, LLP today to discuss your concerns and see if you have the right to file a lawsuit to be fairly compensated for your loved one’s injuries and suffering.  We will help you build up your case and put an end to the abuse.

Medical Malpractice

When you are at your most physically vulnerable, your physician should be one of the people you trust the most. Unfortunately, the quality of hospital and physician care can vary wildly. Furthermore, it may be difficult to pursue legal action against a physician or a hospital because of the insurance companies involved, the complexities of the case.  This is especially true in North Dakota where a medical malpractice claimant is subject to special obligations and limitations by law.  Finding an experienced medical malpractice attorney who can help you navigate the legal system and pursue your claim is crucial to ensure that you have a fighting chance at recovering your damages.

We can help you evaluate the following types of medical malpractice cases and more:

  • Anesthesia errors
  • Brain injuries
  • Delay in diagnosis
  • Emergency room errors
  • Failure to diagnose
  • Incorrect dosage
  • Injury during childbirth
  • Prescription errors
  • Spinal cord injuries
  • Surgical mistakes

If your physician has been negligent in your care and has caused you harm, call the lawyers at Germolus Knoll & Leibel, LLP to discuss your medical malpractice case today.

Slip & Fall Accidents

Slip & fall accidents are often dismissed as minor incidents.  However, they can be extraordinarily serious and even lead to catastrophic injuries that result in death. Slip & fall accidents may be caused by any of the following:

  • Wet Floors – such as spilled liquid, a recently mopped floor or recently waxed floors.
  • Uneven Surfaces – such as torn carpeting, loose floorboards, torn carpet, potholes in parking lots, cluttered floors, poorly designed stairways or defective and uneven sidewalks.
  • Weather Conditions – such as rain, ice, and snow.
  • Nursing Home Neglect – Seniors are at an increased risk of falling and when they do fall, they are more susceptible to suffering catastrophic injuries that sometimes leads to their untimely death.  Seniors are often left unattended or are not properly monitored or assisted resulting in dangerous accidents for the elderly person.
  • Improper Training – A lot of slip & fall incidents occur in the workplace. If employers don’t provide adequate training to their workers, they may be at fault when a slip and fall accident does happen.

When it comes to slip & fall accidents, it is important for you to seek out medical attention as soon as possible—especially if you struck your head.  Sometimes injuries, especially head injuries, do not show obvious symptoms for some time.

Personal injuries can happen at any time, in any setting. Our seasoned and knowledgeable personal injury attorneys will go the distance to make sure you get the compensation that you are entitled to. Call us today to schedule a free consultation with one a member of our legal team today about your personal injury accident.

Personal Injury FAQ

At Germolus Knoll & Leibel, we have handled personal injury cases from the first phone call with a client to the moment where we stand with our clients to receive a verdict from a jury.  We have sat with families mourning the loss of loved ones and individuals grieving the loss of their physical health or a favorite activity.  We have celebrated with our clients the accomplishment of obtaining a great settlement and the anguish when a judge makes a decision we disagree with.  Each of those moments are called upon when we advise our personal injury clients.  This is why experience matters.

We understand that pursuing a personal injury claim can be overwhelming. It is likely that you have questions about your potential claim. For your convenience, we have compiled a brief list of personal injury law related frequently asked questions.

Is it expensive to pursue a personal injury case?

While other types of cases at Germolus Knoll & Leibel are generally taken on at an hourly rate, we usually take personal injury cases based upon a contingency fee. A contingency fee is where the lawyer is entitled to an agreed percentage of the compensation that his or her client recovers from the responsible party or insurer.  The amount of the percentage depends on the type of case and the complexity of the issues.

Generally speaking, when a lawyer accepts a case on a contingency, if you do not recover money for your case, you do not owe the lawyer any money for their fees.  However, every case is different, and lawyers often have different contingency contracts that address issues like costs, withdrawal, and termination differently.  Make sure you fully understand your rights and obligations before signing a contingency fee contract.

Is my injury actually significant enough to call an attorney?

Victims of seemingly minor personal injuries often underestimate their damages. However, any kind of personal injury has the potential to bring about significant injury, emotional suffering, loss of enjoyment of life, medical expenses, monetary losses, physical pain, or property damage. If you are suffering from just one of these factors, you may want to consider speaking to an attorney.

How soon should I file my personal injury suit?

There are many different factors to consider when determining an appropriate time to make a demand or file a personal injury claim.  Most importantly, all personal injury cases are affected by a statute of limitations.  A “statute of limitations” is a time frame imposed by law where claims must be brought or they are forever lost.  In North Dakota, these periods of limitation can vary widely depending on the claimant, the responsible party, the type of injury, the nature of the claim, and the date that the injury was discovered or known.  For this reason, it is important to talk to a lawyer as early as possible to determine what applicable deadlines may apply to you.

Sometimes, the nature of your injury can also affect the timing of a lawsuit or a demand on a responsible party.  It is usually good to have a full understanding of the nature and extent of your injury and damages before starting negotiations with a responsible party or their insurer.  For example, it is not uncommon for soft tissue injury, like a whiplash injury, to progressively feel better only to suddenly become painful again with only minor aggravation.  This is often referred to a “flare up.”   As another example, sometimes an injury is permanent and will never fully heal.  A lawyer can help you make informed decisions as to the proper timing based upon the conclusions of your doctors and health care providers.

Finally, lawyers can play a big role in helping you identify and preserve evidence that might be important to your case.  A good lawyer can also help you maximize your case value by focusing on the types of facts that are important to insurance companies, such as interviewing potential witnesses and securing surveillance videos.  In certain cases, such as motor vehicle accidents involving semi-trucks, this can be very important.  For all these reasons, it is a good idea to talk to an experienced personal injury lawyer as soon as you determine that you may have a claim.

What is my case actually worth?

We believe the value of a case can be boiled down to three factors: (1) the evidence available to prove responsibility, (2) the evidence available to prove damages, and (3) the ability of the responsible party or insurer to pay damages.  For these reasons, it is usually not possible to value a case without a thorough investigation into your claim.  However, some common factors that influence the amount of damages are whether the negligent or wrongful act was egregious, the amount of the medical bills, estimated future medical bills and expenses, past and future lost wages, pain and suffering, loss of consortium, and the nature and extent of disfigurement and scarring.

Will I need to go to court?

Some personal injury cases are settled before a lawsuit is filed.    The overwhelming majority of personal injury cases are settled before a trial.  Whether your case can be settled for a reasonable amount prior to a trial will depend on the facts of your case, the nature and extent of your damages, and the responsible party’s—or its insurance company’s—willingness to make a fair settlement offer without a lawsuit.

However, deciding whether to settle your case or take it to trial is where the experience and judgment of your attorney can make the most difference.  Sometimes attorneys settle cases for far less than the case is worth because the attorney does not know any better.  On the other hand, sometimes attorneys demand so much money for a case that there is no chance that the case will ever settle.  Either outcome is a disservice to the attorney’s client.

Should I accept an insurance company’s first settlement?

Insurance adjusters are often experienced negotiators who are highly trained in evaluating cases.  It is not uncommon for an adjuster to be evaluating and negotiating hundreds of claims at any one time, and to know from experience the arguments and issues that will help them settle claims for the least amount of money possible.  Some of them are honest and reasonable.  Some of them are not, and will use tactics like low ball offers, intimidation, and withholding information that are material to the value of your case.   The challenge is knowing the difference.

If you have any questions about whether a settlement offer is reasonable, consult an experienced attorney like the lawyers at Germolus Knoll & Leibel.

What qualifies as medical malpractice?

Generally speaking, a physician has a duty to exercise such reasonable care, diligence, and skill as a reasonable physician would exercise under the same or similar circumstances.  A bad outcome does not mean that a physician is negligent or committed malpractice, and most physicians and health care providers are experienced, compassionate, and highly trained experts.  However, when a health care provider makes a mistake, the consequences on the patient and his or her family can be devastating.  Whether a particular act or inaction rises to the level of medical malpractice depends upon a number of different factors such as the patient’s underlying condition, the presentation of symptoms, the information known to the health care provider, and that health care provider’s level of expertise and training, among other things.

If you think you or a family member has been injured by medical malpractice, call an experienced attorney who can review the medical records and other documents and help you make an educated decision about a potential claim.

 

If you still have questions, one of our lawyers would be glad to discuss matters further with you in a scheduled consultation.