A personal injury lawsuit is filed by the injured individual to claim compensation for the injury/damage. Compensation may be claimed if an individual suffers injury due to a car accident, slip and fall, dog bites, etc. if someone else is responsible for the injury.
However, there are certain limitations while filing a personal injury case that you must be aware of.
Watch out for the Deadline
Every state in the US specifies a certain time limit before which a personal injury lawsuit may be filed after the injury occurs. The time restrictions vary for different types of cases.
Here are some common statutes of limitations:
If you are hurt due to the negligence of another person in instances such as accidents, assault, battery, etc., you will need to file the case within 2 years from the date of the injury.
Damage to Property:
In case your property is damaged due to an act of another, you can file for compensation against that individual. Damage to the property could be trespassing in your property, crashing your vehicle, etc. A plaintiff can file a lawsuit for claims of compensation for damage to his property within 3 years after the date of the damage.
You can file a lawsuit against someone who defames you in print, writing, or verbally within one year from the date of the injury.
These lawsuits are filed against architects, contractors, builders, etc. in case the design or construction of a property causes injury to an individual or a property. These lawsuits need to be filed four years from the date when the construction was completed.
A lawsuit against a healthcare provider for medical malpractice must be filed within one year from the date the plaintiff knows about the injury, or three years from the date of the injury, whichever is earlier.
However, these time restrictions may vary from state to state.
Exceptions to the Deadlines
The statute of limitations can extend under certain circumstances. An extension may be granted if the injured person is a minor or if he is mentally incapacitated. The deadline may also be extended if the defendant in the case has left the state for a certain period after the accident.
It is also important to note that a single instance of personal injury may contain more than one claim. For instance, if an individual gets injured in a car accident, he may file lawsuits for compensation for medical expenses for the treatment, damage to his car, loss of wages, etc. The statutes of limitations for each one of these lawsuits is different.
Only an experienced personal injury lawyer is aware of these deadlines for different types of cases. Therefore, you will need the services of the best personal injury lawyers to safeguard your interests.
Autrey Law firm has the best personal injury lawyers. Our lawyers are well-well-experienced and knowledgeable. They are licensed to represent clients in State, Federal, and Judicial courts in North Dakota.
No one likes being involved in a lawsuit, especially if it involves a court trial. However, many a time, we find ourselves facing circumstances where either we are being sued or we need to sue someone.
Personal Injury cases are typical examples where the individual who is injured needs protection of rights, and receive the compensation that he deserves.
Often the victims in a personal injury case are unaware of their rights and do not fight for them.
Here’s a look at the type of injuries that can be categorized as personal injuries for which the victim is eligible for compensation:
If you are injured in a vehicle accident due to the fault of someone else, you have a right to claim monetary compensation. The accident may be caused due to the irresponsible behavior of another driver, a passenger, or even a pedestrian, etc. Whoever is responsible for causing the accident is liable to pay the injured individual.
A death is identified as a “wrongful death” when it occurs due to the careless behavior of another person. Some examples are deaths due to car/truck crashes, medical malpractice, workplace accidents, and many more.
In case of wrongful death, the party responsible for the death is liable to provide compensation to the family of the deceased.
Slip and Fall Cases:
An individual can file a personal injury case if he experiences an injury due to a fall on a property that is ill-maintained.
A slip and fall victim can sue if he falls due to conditions like torn carpeting, flooring changes, low lighting, etc.
One can also claim compensation if he suffers slip and fall accident if he trips on a broken sidewalk, or falls on a flight of stairs.
You have a right to file for a personal injury case if you slip and fall because of rain, snow, ice, or hidden hazards such as potholes.
Accidents at Workplace:
Personal injury cases that occur at the workplace could be due to slip and fall, hazardous workplace conditions or accidents caused due to hazardous material being used, etc.
The injured person can claim a worker’s compensation claim from the organization. The compensation can include expenses towards medical treatment, lost wages, or a lumpsum payment.
If a product you purchased malfunctions and causes an injury to you, you can claim compensation from the manufacturer.
An injury caused due to negligence by a doctor is considered medical malpractice. The patient has the legal right to claim compensation from the doctor.
An individual can file a defamation case against someone who tarnishes his/her reputation. A defamation lawsuit qualifies as a personal injury case because it causes personal harm to the individual.
In addition to these, there are several other instances of personal injury where the injured person can file a personal injury lawsuit and claim compensation. Only a personal injury lawyer can guide and represent you in matters of personal injury.
Autrey Law Firm has the best personal injury lawyers who ensure that the plaintiff they are representing gets adequate compensation.
Immigration laws are established by the Federal government in the US to determine who is eligible to enter the country and the duration for which their entry is valid. Immigration laws also pertain to the naturalization process for those seeking US citizenship.
Immigration status in the US is classified into 4 types:
Individuals who are born in the US or who have been naturalized due to 3-5 years of permanent residency qualify as US citizens. They enjoy privileges such as:
- They can work in the US legally.
- They are entitled to public benefits.
- They cannot be deported.
- They can petition for the legal status of their spouse, child, parents, or sibling.
There are 2 types of residents in the US:
Legal permanent residents:
These are residents who have been authorized to live and work in the US. Legal permanent residents are commonly referred to as “green card holders” because of the permanent residence card granted to them by the government.
Those residents who have been married for less than two years before they are given the green card are known as conditional residents.
Conditional residence can be converted to permanent residence by submitting a Petition to Remove the Conditions on Residence.
Both types of residents have the legal right to live and work permanently in the US. However, these rights can be annulled if the resident is guilty of a criminal offense or has committed immigration fraud.
Non-immigrants are people who live legally in the country but for a limited period. They have a specific visa granted to them.
Examples of non-immigrants are:
- Students who require an F1 Visa
- Business visitors/ Tourists, who require B1/B2 Visa
- Fiancees who are granted the K1 Visa
- Those individuals who are granted temporary protected status.
Non-immigrants may be shifted to the non-documented category in case:
- Their application is fraudulent
- They do not adhere to the terms of the visa
- Stay beyond the period defined in the visa
Undocumented people are those who are in the US illegally. These people do not have the legal right to seek employment in the US. They are not eligible for public benefits like healthcare, etc. Besides they run the risk of being deported at any time.
There are specific laws that govern the rights of each type of US immigrant. However, with the change in administration and the Biden Government taking over, the immigration laws in the US are likely to undergo several changes. The changes in the immigration laws as per the US Citizenship Act of 2021are likely to make it easier for undocumented and those with temporary status to gain citizenship.
If you are thinking of migrating to the US or are unsure of your current immigration status, you will need to consult an immigration lawyer. Autrey Law firm has a team of experienced immigration lawyers who are aware of the updates in immigration laws. They can advise you on the nuances of immigration laws.
A personal injury lawsuit is built on the premise that an injured person deserves to be compen-sated financially after he/she has suffered harm due to the irresponsible conduct of another. The injury may be caused due to the negligence or malicious intent of another individual/s. In either case, the person who suffers the injury is eligible for financial compensation.
What is a Personal Injury lawsuit?
A personal injury claim can be filed by a plaintiff if he or his loved one gets injured due to the fault of another person. The plaintiff filing the lawsuit has legal rights to get compensation on several fronts.
Personal Injury rules are applicable in:
- Accidents such as those caused due to the negligence of others. For example, car accidents, slip, and fall accidents, medical malpractice, etc.
- Intentional acts leading to injury to another person. These may be assault and battery, etc.
- Product liability claims may be filed in cases where someone is adversely affected due to a defective product provided. These could be products such as vehicle components, consumer products, pharmaceutical products, etc.
- Defamation cases also fall under the purview of personal injury lawsuits. These are filed against a defendant who causes harm to another because of his defamatory statements.
The process of a personal injury lawsuit:
- Personal Injury is identified: The defendant harms the plaintiff in some way or the other. The personal injury lawyer of the plaintiff assesses if the defendant has breached any law while caus-ing the injury.
- The plaintiff sues the defendant: The personal injury lawyer sues the defendant for compensation. There is a time limit by which an individual needs to file a personal injury case after the injury has occurred. The duration is specified according to the type of injury by the State of law.
A plaintiff can sue the defendant for compensation towards:
- Medical expenses
- Suffering caused
- Loss of workdays
- Loss of income
In addition to these, there are several other reasons for which compensation can be claimed. These could include paying for the fees of the attorney, etc. The types of claims vary from case to case.
A personal injury case can be filed against an individual, an organization, or the government.
Settlement: The personal injury lawyer takes up the case for settlement. A personal injury law-yer scrutinizes the case and decides the valid claims for a specific case. He then collects relevant supporting information to represent his client. The attorney might attempt an out-of-court settle-ment with the defendant before filing the case in a court of law.
Personal injury cases differ from other types of cases. While all other types of lawsuits are bound by specific rules and statutes, personal injury cases are argued based on previous court decisions and treatises written by legal experts. In other words, personal injury cases are assessed based on precedents.
Autrey law firm is one of the most reliable law firms in North Dakota and Minnesota. We have a team of personal injury lawyers who are committed to the clients and ensure that he/she gets the compensation they deserve in a personal injury lawsuit.
A divorce is one of the most emotionally draining experiences in life. You will need a professional divorce lawyer to ensure that you receive the settlement you deserve and fight the custody battles for you.
Divorce cases tend to get ugly when brought to court because each party sometimes goes to the extent of maligning the other’s character to win the case. A divorce trial also brings chaos in an individual’s personal life to the public domain. And, this could have severe repercussions on the professional and social life of the individual.
Therefore, whenever a couple is considering a divorce, it is best to try an out-of-court settlement. Mediation is one option for the annulment of a marriage without a court trial. It works best for the less complicated divorce cases where there are not too many hassles, such as financial settlement or custody. Collaborative divorce is another option available to couples in which a co-parenting relationship is possible.
However, if both parties are not ready for a compromise, litigation is the only option. Both spouses will need to hire attorneys who can present the case in their favor in the court.
How to choose a divorce attorney?
- The attorney should be local because then he will be aware of the laws for divorce in the jurisdiction.
- He should be well-experienced in family law and should have a good understanding of the legal process.
- The attorney should have great communication and negotiation skills.
- Check the success rate of the attorney before you decide to hire him/her.
- Choose an attorney who has connections with financial experts, parenting coordinators, coach facilitators, forensic appraisers, etc. These experts usually have a vital role to play in settling a divorce case. If your attorney already has access to them, the process becomes faster and less expensive.
- A personal interview is a must before engaging a divorce attorney. When you interact with the lawyer, you can assess your comfort level with him, which is vital in such sensitive cases. Also, make sure that the attorney is trustworthy and maintains confidentiality. A lawyer who discusses details of his previous cases with you is surely not someone you can rely on.While interviewing the attorney, observe how attentive he is to you. If he is someone who gets distracted often by his mobile messages and emails, then he is not someone who will work with a focus on your case.
- It is also relevant to ask the attorney for the contact details of his previous clients. If you can discuss their experience with the attorney, you can get a clear idea of his working style, and whether you are comfortable with it.
As said earlier, a divorce case is a personal and emotional one, and you need a lawyer who is sensitive, experienced, knowledgeable, and most importantly, someone you are comfortable with on all accounts.
Autrey law firm is one of the leading law firms in North Dakota and Minnesota. We have a team of expert attorneys with expertise in different types of laws.
Suffering a physical injury due to the callousness of another can throw your life off-track for more reasons than one. When you are injured, you experience mental and emotional trauma. And, you also need to ensure that you get compensated adequately. This is where a personal injury lawyer steps in to take care of the legal aspects in such matters.
Personal injury law specializes in cases involving civic or private wrongs or injuries, monetary or nonmonetary damages. The injury caused may be physical or psychological. Also, cases such as breach of contract to an individual’s reputation, rights, or property and acts of bad faith come in the purview of personal injury cases.
A personal injury may be an injury caused due to animal bites, auto accidents, brain injuries, medical malpractice, accidents at a construction site, defective products, and many more.
In most cases, a personal injury lawyer pleads the case of the plaintiff to ensure that he is adequately compensated.
In personal injury cases, compensation may be claimed when a plaintiff:
- Is incapacitated to earn.
- Is unable to perform his normal duties because of the injury.
- There is pain or suffering caused due to the injury.
- There is the loss of companionship due to the injury.
- If he suffers emotional trauma.
Besides these, the party responsible for the injury is also required to cover the legal expenses incurred by the plaintiff including the fees of the attorneys.
Personal injury lawyers also protect the interest of the plaintiff in case they are victimized by insurance companies or the legal system.
To practice as a personal injury lawyer, the individual is required to pass a bar exam and a written ethics exam. Once the lawyer is admitted to the bar, he needs to ensure that he keeps himself updated in his field by taking up legal education courses.
The responsibilities of a personal injury lawyer include, but are not limited to:
- Offering legal advice to plaintiffs of personal injury.
- Filing complaints on behalf of the plaintiffs in the court of law.
- Arguing cases for the plaintiff.
- Legal documentation.
A personal injury lawyer covers the case for the plaintiff from the stage of inception to appeal. They assess the case on its merit. The lawyer then researches laws relevant to the case, gather evidence to support their plea. The preparation for the case also includes drafting pleadings, motions, etc. The lawyer also interviews and deposes witnesses to support the case.
The lawyer may try for an out of court settlement with the adversary. However, if the outcome is not favorable the case is tried in court. Before the court trial, the lawyer prepare their clients for the trial. They counsel their clients and prepare them for the cross-examination they are likely to face in court.
It is important to choose a personal injury lawyer who is licensed and experienced. You should also look for a compassionate lawyer who works ethically, and within the purview of the law.
Autrey law firm has the best personal injury attorneys in North Dakota and Minnesota areas.
The term bankrupt is used for a person or organization who is incapable of paying the debts. Their property is taken from them and disposed of for the benefit of their creditors. Bankruptcy lawyers are those lawyers who mostly work either on corporate insolvency matters and occasionally provide legal advice to Licensed Insolvency Trustees regarding court proceedings and discharge hearings. Bankruptcy lawyers in Grand Forks ND have got the great skill, experience and efficiency to handle the cases. The bankruptcy lawyers prepare the bankruptcy petition and represent them at the time of appearance before the court. The fee charged by a bankruptcy lawyer varies and largely depends on the complexity of the finances as well as the type of attorney you hire to handle your case.
In order to get the bankruptcy relief, in most cases it depends on whether bankruptcy is the right choice for you or not it depends on the following factors:
- Whether your creditors still trust you and are willing to work with you.
- The ability to repay debts irrespective of bankruptcy.
- The type of debt discharged in bankruptcy.
One need to know that there is no minimum amount needed to be filed for bankruptcy. Our lawyers primary focus is to assist the clients through the court proceedings to reduce or eliminate debt or to proceed forward with bankruptcy. Our maestros work both for individuals as well as organizations. They assist the clients both inside and outside the courtroom procedures. Besides this bankruptcy lawyers work on the side of creditors and try to extract as much money owed from their debtors.
Bankruptcy lawyers in Grand Forks ND fight for the client or present a debt organization plan for the court to approve. These types of lawyers are highly educated. Bankruptcy is a complex procedure which requires one to take critical decisions from the time you file through to the time your debts are discharged and the bankruptcy procedure concludes. Our adroits can help you through the paperwork, decision making and the tough procedure that marks a bankruptcy filing. The key role of bankruptcy lawyers is to guide the clients in taking the right decision.
Bankruptcy lawyers in Grand Forks ND are always there to counsel you on the bankruptcy procedure. They guide you whether bankruptcy is the only and the correct solution for you. They also help you critically take the decision after examining the size and makeup of your debts, the assets you are willing to risk in a bankruptcy and your ability to repay the debts among other considerations.
At the time of filing, your attorney will help you gather the right information and prepare necessary papers and focus largely on your income, assets, debts and expenses. The attorney represents you at the time of meeting your creditors and ensures that you file additional documents and respond to the necessary deadlines on time. So, without any hitch visit us or book an appointment with our best attorneys to get the solution of your problem in an easy way. We assure you to get the best results for you.