Brigette Honaker  |  December 17, 2018

Category: Legal News

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A parking lot accident has prompted a lawsuit against a construction company accused of causing the accident and the plaintiff’s subsequent injury.

Plaintiff Rachel H. says she was involved in a parking lot accident in October 2015 due to the alleged negligence of Okland Construction Company Inc. At the time of the parking lot accident, Rachel says she was staying at the 4 Bears Casino & Lodge. While walking to her vehicle in the casino parking lot, she was allegedly struck by a vehicle.

Okland Construction was reportedly working on the casino and had temporarily turned the street lights off, but allegedly failed to use any permanent or temporary lights to light the area. Rachel argues that the lack of lighting caused her parking lot accident and that the injuries she sustained are a direct result of Okland Construction’s negligence.

“Defendant’s failure to provide proper lighting in an area designed and designated for automobile parking for the Casino’s customers to use to access the establishment was negligence and a breach of the standard of care owed to the invited guests of the property,” the parking lot accident lawsuit claims.

Rachel says she sustained a variety of injuries when she was struck by a car in the poorly lit parking lot, including a traumatic subarachnoid hemorrhage (a type of stroke caused by bleeding in the brain), subdural hematoma (brain bleed), multiple fractures, and a traumatic brain injury.

The parking lot accident lawsuit seeks compensatory damages, economic damages, and compensation over $50,000 for a variety of non-economic damages including pain and suffering, mental anguish, permanent impairment, and emotional distress.

Rachel brings her claims in a type of lawsuit known as a personal injury lawsuit. Personal injury lawsuits aim to recover compensation for an injury caused by the negligence of another party. Events commonly resolved with personal injury lawsuits include car accidents, transportation accidents, slip and fall accidents, dog bites, catastrophic injury, medical malpractices, work injury claims, food poisoning, construction accident, battery explosions, and other accidents caused by negligence.

Negligence is legally defined as the failure to do an act which a reasonably careful person would do, or doing an act which a reasonably careful person would not do, under the same or similar circumstances. In order to successfully bring claims of negligence, plaintiffs in personal injury lawsuits must establish liability and determine that the accident could not be avoided.

Personal injury lawsuits usually aim to recover punitive and compensatory damages. Compensatory damages are the most common and compensate plaintiffs for damages caused by an accident or negligence. These damages may include medical expenses, loss of income, pain and suffering, loss of enjoyment of life, disfigurement, loss of consortium, permanent disability, wrongful death, and emotional distress caused by any of the damages sustained due to negligence. Punitive damages are typically awarded in personal injury lawsuits where the injuries were extreme or if someone died due to negligent behavior.

The Parking Lot Accident Lawsuit is Case No. 1:18-cv-00248-CSM in the U.S. District Court for the Northern Central Judicial District of North Dakota.

If you or a loved one were injured due to the negligence of another party, and you have recoverable damages, you may have a viable personal injury lawsuit. Get a free evaluation of your potential case by filling out the form on this page now!

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