Personal Injury Laws in North Dakota: Deadlines, Fault Rules & Damages

In North Dakota, you generally have six years from the date of the injury to file a personal injury lawsuit for ordinary negligence — among the longest general PI deadlines in the country. This comes from North Dakota Century Code (N.D.C.C.) § 28-01-16(5), which sets a six-year limitation period for "any other injury to the person or rights of another not arising upon contract." Six years is unusually generous compared to most states (which typically allow two or three), but it is still a hard deadline in most cases, and shorter clocks apply to some claims — most importantly medical malpractice and claims against a government agency. Don't wait: evidence disappears, witnesses forget, and some sub-deadlines run much faster than six years.

North Dakota's personal injury deadline, straight answer

• General negligence / personal injury (car crashes, slip-and-falls, product injuries, etc.): six years from the date of injury. N.D.C.C. § 28-01-16(5).
• Medical malpractice: a shorter two-year deadline applies. Under N.D.C.C. § 28-01-18, a malpractice claim generally must be filed within two years of when the patient discovered — or reasonably should have discovered — the injury, subject to an outer "statute of repose" of six years from the date of the alleged malpractice (with a narrow fraud exception). Because malpractice timing is fact-specific and frequently litigated, confirm the current rule and any outer limit with North Dakota court records or a licensed North Dakota attorney before relying on any specific date.
• Wrongful death: generally two years, a separate and shorter clock from the six-year personal-injury deadline. Confirm the exact accrual date and the governing statute with a North Dakota attorney, since it can differ from the date of the underlying injury.
• Minors and legally disabled persons: North Dakota law tolls (pauses) some limitation periods for people who are minors or under a legal disability at the time of injury, subject to statutory limits. Because the tolling rules are detailed and case-specific, verify how they apply to a specific situation directly against current North Dakota statute rather than assuming a number.

These periods can be shortened, tolled, or interpreted differently depending on the facts, and the legislature amends the century code regularly. Always confirm the current text of N.D.C.C. § 28-01-16 (and any related section) or ask a North Dakota-licensed attorney before treating any deadline here as final.

North Dakota's shared-fault rule: modified comparative fault, 50% bar

North Dakota uses modified comparative fault under N.D.C.C. § 32-03.2-02. Here's how it works:

• If you are found less than 50% at fault, you can still recover damages, but your award is reduced by your percentage of fault. Example: $100,000 in damages, found 20% at fault, you collect $80,000.
• If your fault is as great as the combined fault of everyone else — practically, 50% or more in a typical two-party case — North Dakota's statute bars you from recovering anything. This is the "50% bar" version of modified comparative fault (some other states use a 51% bar, which lets a plaintiff at exactly 50/50 still recover — North Dakota is not one of those).
• This rule applies broadly — to standard negligence, product liability, and most other tort claims covered by N.D.C.C. ch. 32-03.2.

Insurance adjusters routinely try to shift fault percentage onto an injured claimant because every point of assigned fault directly reduces (or eliminates) a payout. Don't accept a fault percentage from an adjuster without pushing back if you disagree — get the police report, photos, and witness statements to support your version of events.

Damage caps in North Dakota

• Economic damages (medical bills, lost wages, future care costs): not capped. North Dakota does not limit the amount you can recover for documented financial losses in a standard injury case.
• Non-economic damages in medical malpractice cases (pain and suffering, loss of consortium, etc.): capped at $500,000 under N.D.C.C. § 32-42-02. This cap applies specifically to medical malpractice claims — not to general car-accident or premises-liability cases, which have no statutory non-economic damages cap in North Dakota. The jury is not told about the cap; if a verdict exceeds it, the court reduces the award to comply. This cap has been challenged as unconstitutional, but the North Dakota Supreme Court upheld it in 2019 (Condon v. St. Alexius Health), so it remains in effect.
• Punitive (exemplary) damages: capped under N.D.C.C. § 32-03.2-11 at whichever is greater — two times compensatory damages, or $250,000. Punitive damages require clear and convincing evidence of oppression, fraud, or actual malice, and generally cannot be requested in the original complaint; a plaintiff must move to add the claim after suit is filed.

Damage-cap statutes are periodically challenged in North Dakota courts and can change through legislative amendment or judicial ruling. Confirm the cap still stands and its current dollar figure against the current N.D.C.C. text or North Dakota Supreme Court decisions before relying on it.

Car insurance in North Dakota: it's a no-fault (PIP) state

North Dakota requires basic no-fault coverage under N.D.C.C. ch. 26.1-41. The basic rule:

• After a car accident, your own policy's no-fault ("personal injury protection," or basic no-fault) benefits pay your medical bills and certain economic losses up to the statutory benefit level, regardless of who caused the crash.
• No-fault benefits do not cover pain and suffering — only economic losses like medical expenses and wage loss.
• To step outside the no-fault system and sue the at-fault driver directly (including for pain and suffering), your claim generally must clear a statutory tort threshold — under North Dakota law this generally means your necessary medical expenses exceed $2,500, or the injury involves serious and permanent disfigurement, serious and permanent disability, disability beyond 60 days, death, or dismemberment, under N.D.C.C. ch. 26.1-41.

Because dollar thresholds and benefit limits in insurance statutes are adjusted by the legislature and interpreted through North Dakota Insurance Department guidance, confirm the current benefit amount and tort threshold with the North Dakota Insurance Department or the current text of N.D.C.C. ch. 26.1-41 before assuming a specific number applies to your situation.

Dog bites in North Dakota: no strict-liability statute — negligence and "one bite" apply

North Dakota has no general dog-bite strict-liability statute. Instead, North Dakota follows a common-law negligence/"one-bite" approach: an injured person generally must show the dog's owner knew or should have known the dog had dangerous tendencies (for example, from a prior bite or aggressive behavior) and failed to take reasonable precautions. Simply owning a dog that bites someone, without more, is not automatically enough to establish liability the way it would be in a strict-liability state.

There is one narrow statutory exception: North Dakota law can impose liability on an owner who failed to properly license, register, or vaccinate a dog against rabies if that failure results in a victim needing rabies-related medical treatment. Confirm the specific requirements and any applicable local (city/county) ordinances, since municipalities in North Dakota may impose additional leash, licensing, or dangerous-dog rules.

Claims against the government: much shorter deadlines and mandatory notice

If your injury involves a state or local government entity or employee (a state highway crew, a city snowplow, a county building, a public school, etc.), the rules are different and the deadlines are much shorter than the six-year general rule:

• Claims against the State of North Dakota: under N.D.C.C. ch. 32-12.2, a written claim generally must be presented to the Director of the Office of Management and Budget within 180 days after the injury or damage was discovered (or reasonably should have been discovered).
• Claims against a political subdivision (city, county, school district, etc.): governed by N.D.C.C. ch. 32-12.1, which similarly requires prompt written notice — commonly cited as within 180 days of when the claim arose or reasonably should have arisen — and caps total recoverable damages (currently referenced in the low hundreds of thousands of dollars per person, with a separate aggregate cap per occurrence).

Because notice periods and liability caps for government claims are technical, strictly enforced, and subject to legislative change, verify the exact current deadline, the correct office/form, and the current cap amounts directly against N.D.C.C. chs. 32-12.1 and 32-12.2, or with a North Dakota attorney, immediately after any injury involving a government entity. Missing a notice deadline can permanently bar an otherwise valid claim, even though the six-year general statute would otherwise still be open.

What to do in North Dakota

1. Get medical care and document everything. Medical records tie your injuries to the incident and support both no-fault and liability claims.
2. Report the incident promptly. File a police report for crashes; report a dog bite to local animal control; report a fall or defect to the property owner or government office in writing.
3. Identify whether a government entity is involved. If so, calendar the short notice deadline (commonly 180 days) immediately — this is far more urgent than the six-year general deadline.
4. Preserve fault evidence early. Because North Dakota's 50% bar can wipe out your recovery entirely, get photos, witness contact information, and the official accident/incident report before evidence disappears.
5. Open your own no-fault/PIP claim after a car accident regardless of fault, and track whether your medical expenses may clear the tort threshold to pursue the at-fault driver separately.
6. File in the correct North Dakota court. Personal injury lawsuits are generally filed in North Dakota District Court in the county where the injury occurred or where the defendant resides; claims against the state or a political subdivision follow the specific procedures in N.D.C.C. chs. 32-12.1/32-12.2.
7. Confirm current deadlines and dollar figures before you rely on them. Check the North Dakota Legislative Branch's Century Code (ndlegis.gov) or consult a North Dakota-licensed attorney, since statutes and caps can be amended.

This article is general information about North Dakota law, not legal advice for your specific situation — confirm current deadlines and rules with the North Dakota Century Code or a licensed North Dakota attorney.