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

In North Dakota, the statute of limitations for most personal injury claims is 6 years. You must file your lawsuit within 6 years of the date of injury. Missing this deadline typically bars you from recovering any compensation.

Are there damage caps in North Dakota personal injury cases?

In North Dakota: No cap on compensatory damages. These caps may affect how much you can recover, particularly for non-economic damages like pain and suffering.

What is the average personal injury settlement in North Dakota?

Average personal injury settlements in North Dakota range from approximately $40,000–$160,000 depending on injury type, liability, insurance coverage, and other case-specific factors.

North Dakota Personal Injury Law — Statute of Limitations, Fault Rules & More

Q: What is the fault system in North Dakota?

North Dakota uses Modified comparative fault (50% bar). Your compensation is reduced by your percentage of fault in causing the accident.

6 years Filing deadline

50% bar Fault system

$40,000 Avg settlement (low)

5 Common case types

Overview of Personal Injury Law in North Dakota

North Dakota has a 6-year statute of limitations for most personal injury claims, one of the longest in the US. The state uses a modified comparative fault system with a 50% threshold and no cap on compensatory damages.

This guide covers the most important rules for personal injury claims in North Dakota, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed North Dakota attorney for your specific situation.

Key North Dakota Personal Injury Statutes

N.D. Cent. Code § 28-01-16 (SOL — 6 years)

N.D. Cent. Code § 32-03.2-02 (comparative fault)

N.D. Cent. Code § 32-21-01 (wrongful death)

Most Common Personal Injury Cases in North Dakota

Car Accidents

Oil & Gas Industry Injuries

Agricultural Accidents

Slip & Fall

Workplace Injury

North Dakota Damages Caps & Average Settlements

Damages Rule No cap on compensatory damages

Average Settlement $40,000–$160,000

Fault System Modified comparative fault (50% bar)

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within North Dakota.

Frequently Asked Questions — North Dakota Injury Law

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

In North Dakota, you generally have 6 years to file a personal injury lawsuit from the date of injury. Key statute: N.D. Cent. Code § 28-01-16.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a North Dakota attorney to confirm your deadline.

What is North Dakota's fault system?

North Dakota uses Modified comparative fault (50% bar). Your compensation is reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover anything.

Are there damage caps in North Dakota?

North Dakota damage rules: No cap on compensatory damages. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in North Dakota?

Personal injury settlements in North Dakota average approximately $40,000–$160,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

Get a free case evaluation from a North Dakota attorney →

Injured in North Dakota? Get Help Now.

Personal injury laws in North Dakota can be complex and deadlines are strict. A qualified North Dakota personal injury attorney can evaluate your case for free — with no upfront costs.

Find a North Dakota Lawyer → Legal Guides

⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed North Dakota attorney for legal advice.