North Dakota Personal Injury Statute of Limitations

The Statute of limitations is the deadline for filing a personal injury lawsuit in court. In North Dakota, missing this deadline almost always means the claim is permanently barred — no matter how strong the evidence, how severe the injury, or how clear the defendant's fault.

The general personal injury statute of limitations in North Dakota is 6 years from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.

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

Wrongful death claims must be filed within 2 years of the date of death — not the date of the negligent act that ultimately caused death. Two years from date of death.

Medical malpractice claims in North Dakota have specific deadline rules that may differ from the general personal injury statute.

2 years from injury or discovery; 6-year repose. Noneconomic damages capped at $500K (§32-42-02). Before initiating a health care malpractice action, the claimant and health care provider must make a good-faith effort to resolve the claim through alternative dispute resolution, and counsel must state compliance in the pleadings (§32-42-03).

North Dakota recognizes a discovery rule — the statute of limitations may start when the injury was discovered (or should have been discovered through reasonable diligence) rather than when the negligent act occurred.

This is particularly important in cases where injuries are not immediately apparent: medical malpractice (a foreign object left during surgery), toxic exposure, or defective products that cause progressive harm.

Medical malpractice: 2 years after the claim accrues. Nondiscovery may extend the period, but against a physician or licensed hospital not beyond 6 years of the act or omission unless discovery was prevented by the physician's or hospital's fraudulent conduct. Subject to the disability provisions of §28-01-25.

A statute of repose sets an absolute outer deadline — it cannot be extended by the discovery rule, tolling, or any other exception. In North Dakota, the repose period is 6 years from the date of the act or omission.

For malpractice claims against a physician or licensed hospital, nondiscovery cannot extend the limitation beyond six years of the act or omission, unless discovery was prevented by the physician's or hospital's fraudulent conduct.

Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:

• Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
• Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
• Defendant absence from the state — if the defendant leaves North Dakota, the time away may not count toward the limitations period
• Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery

Claims against North Dakota government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed: Written notice within 180 days of the act to the Risk Management Division of the Office of Management and Budget for State claims.

North Dakota Tort Claims Act. State liability capped at $500,000 per person / $2,000,000 per occurrence (§32-12.2-02). Political subdivision claims are governed separately by chapter 32-12.1, which imposes its own $500,000 per person / $2,000,000 per occurrence caps and immunities (§32-12.1-03).