North Dakota Personal Injury Damages — What You Can Recover

Damages in a North Dakota personal injury case are designed to make the injured person whole — to restore them, as nearly as money can, to the position they would have been in if the injury had not occurred. Understanding the categories of damages, how they are calculated, and how North Dakota's specific rules affect the outcome is essential to evaluating any personal injury claim.

Economic damages compensate for objectively measurable financial losses. These are proven through documentation — bills, records, pay stubs, and expert projections:

• Medical expenses — emergency room treatment, surgery, hospitalization, physician visits, physical therapy, prescription medications, diagnostic imaging, and medical devices. This includes both past expenses and projected future medical costs for ongoing treatment.
• Lost wages — income lost during the recovery period, including salary, hourly wages, bonuses, commissions, and the value of sick time, vacation time, or FMLA leave used
• Lost earning capacity — if the injury permanently affects the ability to work, an economist or vocational expert can calculate the difference between pre-injury and post-injury earning ability over the plaintiff's remaining working life
• Property damage — repair or replacement of vehicles, personal items, and other property damaged in the incident
• Out-of-pocket expenses — transportation to medical appointments, home modifications (ramps, grab bars), household help, childcare during recovery, and assistive devices

Non-economic damages compensate for losses that are real and significant but harder to quantify. There is no fixed formula — these are assessed by the jury based on the evidence:

• Pain and suffering — the physical pain caused by the injury and experienced during treatment and recovery
• Emotional distress — anxiety, depression, PTSD, insomnia, fear, and the psychological impact of the injury
• Loss of enjoyment of life — the inability to participate in hobbies, activities, sports, or social life that the plaintiff enjoyed before the injury
• Loss of consortium — the impact on the marital or family relationship, including companionship, affection, and intimacy. In North Dakota, a spouse may bring a separate consortium claim.
• Disfigurement and scarring — permanent physical changes that affect appearance, self-image, and daily life
• Inconvenience and disruption — the ongoing burden of living with the injury's effects

North Dakota imposes caps on certain categories of damages that limit recovery regardless of what a jury awards:

• Noneconomic: $500,000 noneconomic damages cap (health care malpractice only) — Applies only to a health care malpractice action or claim: total noneconomic damages (pain and suffering, mental anguish, emotional distress) awarded to the claimant and members of the claimant's family for the injury may not exceed $500,000, regardless of the number of health care providers and other defendants or the number of claims brought for that injury. No comparable cap applies to personal injury cases generally. Does not cap economic damages. §32-42-02

Punitive damages are not about compensating the plaintiff — they are about punishing egregious conduct and deterring similar behavior by others.

Punitive damages in North Dakota require proof by clear and convincing evidence — a significantly higher burden than the preponderance standard used for Compensatory damages §32-03.2-11. They are reserved for conduct involving oppression, fraud, wantonness, or malice.

Must prove oppression, fraud, or actual malice by clear and convincing evidence. Cap: greater of $250,000 or 2x compensatory damages (§32-03.2-11(4)).

Under North Dakota's modified comparative fault rule, damages are reduced by the plaintiff's percentage of fault — but if the plaintiff is 50% or more at fault, recovery is barred entirely. The difference between 49% and 50% fault can mean the difference between a substantial award and zero.

§32-03.2-02