Home › Personal Injury Laws by State › North Dakota Personal Injury Laws

North Dakota generally allows most personal injury lawsuits based on negligence to be filed within six years after the claim accrues, a longer period than most states provide, while several other kinds of claims, including wrongful-death and medical malpractice claims, are subject to much shorter periods and outer time limits. Claims against governmental entities involve their own notice requirements. This page cannot determine which deadline applies to any particular situation; only a licensed North Dakota attorney reviewing the facts can do that.

North Dakota follows a no-fault system for motor-vehicle injury claims, under which a person's own insurance generally pays certain medical and wage-loss benefits after a collision regardless of who caused it, while a claim against an at-fault driver for certain losses is generally available only in circumstances defined by state law. In such claims, liability ordinarily depends on who caused the collision, and the compensation available generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

North Dakota follows a modified comparative-fault rule. In general terms, compensation may be reduced according to an injured person's share of fault, and recovery is generally barred when that person's fault is equal to or greater than the combined fault of the party or parties from whom recovery is sought. Whether and how fault is attributed in any particular matter depends on its facts and may have to be determined by a court of law.

North Dakota generally requires vehicle owners to maintain insurance that meets minimum requirements established by state law, including liability coverage and personal injury protection benefits that apply regardless of fault. North Dakota policies also generally must include uninsured and underinsured motorist coverage under state law. The coverage available in any particular situation depends on the policies involved and current law.

North Dakota does not impose a general cap on compensatory damages in most personal injury cases, but state law does limit certain categories of damages in specific kinds of claims, including limits on non-economic damages in medical malpractice claims, and limits on punitive damages. Special rules also apply to claims involving governmental entities. Because these provisions and amounts may change, this page does not state a dollar figure or determine whether any limit applies to a particular matter.

North Dakota personal injury lawsuits may be filed in the state's district courts, which have general civil jurisdiction, with small claims procedures available for some more limited matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed North Dakota attorney can evaluate.

A licensed North Dakota attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the North Dakota communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.