How long do I have to file a personal injury claim in North Dakota?

6 years from the date of injury for most personal injury claims [§ 28-01-16]. Wrongful death: 2 years from the date of death. Missing this deadline almost always bars the claim entirely.

What damages can I recover?

Medical expenses, lost wages, pain and suffering, and in some cases [def:punitive damages]. North Dakota imposes caps on certain categories of damages. [§ 32-42-02]

Do I need a lawyer for a personal injury claim?

It's not legally required, but North Dakota's modified comparative fault (50% bar) rule and procedural requirements make these cases more complex than they may appear. Insurance companies have experienced adjusters and attorneys — having your own counsel levels the playing field.

What should I do immediately after an injury?

Get medical treatment and follow through on recommended care. Preserve evidence: photos, incident reports, witness names. Do not give recorded statements to insurance companies. Document all expenses and how the injury affects your daily life.

OverviewUpdated 2026-02-27

North Dakota Personal Injury Guide — Claims & Deadlines

Q: What is North Dakota's fault rule?

Modified comparative fault (50% bar) [§ 32-03.2-02]. North Dakota follows modified comparative fault — damages are reduced by the injured person's percentage of fault, but if the injured person is 50% or more at fault, they recover nothing.

Negligence, fault rules, damages, and the deadline to file — what makes North Dakota injury claims different.

Jump to:

Car Accident Claims — What to Do Next Medical Malpractice — Requirements & Limits Wrongful Death Claims — Who Can File Personal Injury Statute of Limitations Personal Injury Damages — What You Can Recover Personal Injury Insurance Claims — How to File Slip & Fall — Premises Liability Claims

From Injury to Resolution

A personal injury claim starts the moment you are hurt and follows a path shaped by your state's fault rules, filing deadlines, and the insurance involved. The outcome depends on three things: whether someone else was at fault, whether you act within the legal deadline, and how well the harm is documented. Below is the general sequence — from the injury itself through resolution — with the key decision points that determine what a claim is worth and whether it survives.

⚠️

Injury Occurs

clock starts ticking

🏥

Medical Care

treat & document

📷

Preserve Evidence

photos, reports, witnesses

📋

Evaluate Claim

fault, damages, deadline

💬

Demand & Negotiate

insurance or lawsuit

⚖️

Resolution

settlement or verdict

Every case is different. Deadlines, fault rules, and damages vary by state. This is a general overview, not legal advice.

North Dakota's fault rule: Modified comparative fault (50% bar)

North Dakota follows modified comparative fault — damages are reduced by the injured person's percentage of fault, but if the injured person is 50% or more at fault, they recover nothing.

§32-03.2-02

💡Plaintiff barred if fault is as great as or greater than defendant's combined fault (50%+). Damages reduced proportionally below that threshold. NDCC § 32-03.2-02.

The deadline to file §28-01-16

North Dakota's Statute of limitations for personal injury is 6 years from the date of injury §28-01-16.

Six years for personal injury. Medical malpractice: 2 years (§28-01-18).

North Dakota recognizes a discovery rule — meaning the clock may start when the injury is discovered (or should have been discovered) rather than when it occurred §28-01-18.

⚠North Dakota also has a 6-year statute of repose §28-01-18 that sets an absolute outer limit, regardless of when the injury was discovered.

North Dakota personal injury at a glance

	Rule in North Dakota
Statute of limitations (PI)	6 years §28-01-16
Statute of limitations (wrongful death)	2 years
Fault rule	Modified comparative fault (50% bar) §32-03.2-02
Damage caps	$500,000 noneconomic damages cap (health care malpractice only) (noneconomic) §32-42-02
Auto insurance minimums	25/50/25 with $30,000 PIP (no-fault state) §39-16.1-11; §26.1-41-01

What you can recover

Medical expenses — past and future treatment, rehabilitation, prescription costs
Lost income — wages lost during recovery and reduced future earning capacity
Pain and suffering — physical pain, emotional distress, loss of enjoyment of life
Property damage — repair or replacement of damaged property

North Dakota imposes caps on certain types of damages, which affect the potential value of a claim §32-42-02.

Common types of personal injury cases

Car and vehicle accidents

The most common personal injury claim. North Dakota requires minimum auto liability insurance of 25/50/25 with $30,000 PIP (no-fault state) §39-16.1-11; §26.1-41-01.

Medical malpractice

Claims against healthcare providers who fail to meet the standard of care.

Premises liability

Injuries on someone else's property due to unsafe conditions — slip and fall, inadequate security, hazardous conditions.

Wrongful death

When negligence causes death, must be brought by the persons in the order named: (1) the surviving husband or wife; (2) the surviving children; (3) the surviving mother or father; (4) a surviving grandparent; (5) the personal representative; (6) a person who has had primary physical custody of the decedent before the wrongful act. If the person entitled refuses or neglects to sue for thirty days after demand of the person next in order, that next person may bring the action. Recovery is not liable for the decedent's debts and inures to the exclusive benefit of the decedent's heirs at law in shares fixed by the trial judge (§32-21-04). §32-21-03; §32-21-04.

What to do after an injury

Get medical treatment immediately and follow through — gaps in treatment undermine claims
Preserve evidence: photos, incident reports, witness names, and contact information
Do not give recorded statements to insurance companies before understanding your rights
Document everything: expenses, missed work, how the injury affects daily life

⚠If you have been seriously injured, do not assume you can wait to evaluate your options. Evidence deteriorates, witnesses become unavailable, and the statute of limitations is an absolute bar in most cases.

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