North Dakota Personal Injury Law Resources

North Dakota is a no-fault auto insurance state with an exceptionally generous six-year statute of limitations for personal injury claims the longest in the nation. The state follows modified comparative fault with a strict 50% bar, requires $30,000 in PIP coverage, and imposes a $500,000 non-economic cap in medical malpractice cases. To sue the at-fault driver for pain and suffering in auto accident cases, injuries must meet the state's serious injury threshold (serious/permanent injury, disability lasting more than 60 days, or economic losses exceeding PIP limits).

Statute of Limitations

General Personal Injury SIX Years

North Dakota provides an extraordinary six-year statute of limitations for most personal injury claims under N.D. Cent. Code § 28-01-16. This is the longest personal injury filing deadline in the nation and applies to motor vehicle accidents, premises liability, and general negligence.

Specific Deadlines

Wrongful death: Two years from the date of death under N.D. Cent. Code § 28-01-18.

Medical malpractice: Two years from the date of the act or from reasonable discovery. A six-year statute of repose applies all medical malpractice claims must be filed within six years of the act or omission.

Product liability: Six years from the date of injury, but must be filed within 10 years of the date of purchase or 11 years of the date the product was manufactured (statute of repose).

Property damage: Six years.

Government Claims

Claims against the state of North Dakota are subject to specific notice requirements and liability limitations. The state can be held liable only for negligence or wrongful actions of a state employee. The North Dakota Legislature must approve any award exceeding statutory liability limits.

Tolling

The statute is tolled for minors (until age 18) and for mental incapacity (until capacity is regained, then one year to file, with a maximum five-year extension except for infancy). The statute is also tolled when the at-fault party leaves the state. The discovery rule applies in medical malpractice and latent injury cases.

Modified Comparative Fault (50% Bar)

North Dakota follows a modified comparative fault rule under N.D. Cent. Code § 32-03.2-02. A plaintiff whose fault is equal to or greater than 50% of the combined fault of all persons who contributed to the injury is completely barred from recovery. If the plaintiff is less than 50% at fault, damages are reduced by their percentage of fault.

Note: At exactly 50% fault, the plaintiff is barred from recovery. This is a strict 50% bar, not a 51% bar.

North Dakota applies several liability each defendant is responsible only for their proportionate share of damages.

Damage Caps

No General Personal Injury Caps

North Dakota imposes no caps on economic or non-economic damages in general personal injury cases, including auto accidents, premises liability, or wrongful death (outside of medical malpractice context).

Medical Malpractice $500,000 Non-Economic Cap

Under N.D. Cent. Code § 32-42-02, non-economic damages in medical malpractice cases are capped at $500,000. This cap applies regardless of the number of defendants or the severity of injuries. Economic damages exceeding $250,000 are subject to review by the court. The cap also applies to wrongful death claims arising from medical malpractice.

Product Liability and Pharmaceutical $300,000

Product liability and pharmaceutical cases are capped at $300,000 on all damages.

Punitive Damages

Punitive damages are available in North Dakota but require proof of oppression, fraud, or actual malice. There is no specific statutory cap on punitive damages.

Government Liability

The state's liability is limited by statute, and the North Dakota Legislature must approve any award exceeding the limits. Punitive damages are not available against the government.

Auto Insurance Requirements

No-Fault System

North Dakota is a no-fault state. After an auto accident, injured parties must first seek compensation through their own PIP coverage regardless of fault. To step outside the no-fault system and sue the at-fault driver for pain and suffering, injuries must meet the serious injury threshold.

Serious Injury Threshold

To file a lawsuit for non-economic damages against the at-fault driver, one of the following must be met:

• Serious or permanent injury, or disability lasting more than 60 days
• Death
• Economic losses (medical bills, lost wages) exceeding PIP limits ($30,000)

Mandatory PIP Coverage $30,000

All auto insurance policies must include a minimum of $30,000 in PIP coverage per person, covering medical expenses, lost wages, replacement services, and other economic losses. PIP does not cover pain and suffering or vehicle damage. PIP is not available to drivers operating an uninsured vehicle they own.

Liability Minimums 25/50/25

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 per accident for property damage

Mandatory UM/UIM Coverage

Uninsured/Underinsured Motorist (UM/UIM) coverage is required at minimum limits of $25,000 per person / $50,000 per accident.

"No Pay, No Play" Law

Under N.D. Cent. Code § 26.1-41-20, a driver who is injured while driving without insurance and has at least one prior conviction for uninsured driving is barred from recovering non-economic damages from the at-fault driver.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in North Dakota are filed in District Court, the state's trial court of general jurisdiction. North Dakota has 53 counties organized into judicial districts. Small Claims Court handles cases up to $15,000.

Cass County (Fargo), Burleigh County (Bismarck), Grand Forks County, Ward County (Minot), and Williams County (Williston) handle the highest volumes of personal injury litigation.

Common Types of Personal Injury Cases in North Dakota

North Dakota's harsh winters, rural geography, oil industry boom, agricultural economy, extensive highway driving distances, and sparse population create distinctive personal injury litigation patterns. Common case types include motor vehicle accidents (long-distance rural highway crashes are common North Dakota consistently ranks among the highest per-capita traffic fatality rates), commercial truck accidents (oil field traffic on US 2 and US 85, plus I-94 and I-29 freight corridors), winter driving accidents (ice and blizzard conditions), oil field and energy industry injuries (Bakken Formation activity generates significant industrial injury claims), agricultural accidents, premises liability (including winter slip-and-fall claims), medical malpractice, product liability, wrongful death, construction accidents, workplace injuries, railroad crossing accidents (North Dakota has one of the highest concentrations of rail crossings in the nation), dog bites, nursing home abuse, and ATV/snowmobile accidents.

This page provides general legal information about North Dakota personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in North Dakota to discuss the specific facts of your case.