North Dakota Injury Claim Rules

Rules cited to North Dakota’s statutes and case lawRules checked How we calculate

Fault rule50% barYou recover only if you are less than 50% at fault. The award is cut by your share.N.D. Cent. Code § 32-03.2-02
Filing deadline6 yearsFrom the date of the injury.N.D. Cent. Code § 28-01-16
Minimum insurance25/50/25Per person, per crash, property. North Dakota is a no-fault state.
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Calculators with these rules built in

This page collects the rules that decide what an injury claim is worth in North Dakota: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

North Dakota is a no-fault state, so car crash claims start with your own PIP coverage. 50% bar decides how fault affects everything else.

North Dakota injury claim rules

Fault. North Dakota uses modified comparative fault with a 50% bar. Your award drops by your share of fault, and at 50% or more you recover nothing, so an even split leaves you with nothing. Insurers know this, so expect them to argue your share up.

Filing deadlines. You have six years from the injury to file a personal injury lawsuit. Families have two years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. North Dakota is a no-fault state. Your own personal injury protection (PIP) pays your medical bills and part of your lost income first, up to $30,000, whoever caused the crash. To claim pain and suffering from the at-fault driver, you need $2,500 in medical bills, or a serious injury such as a fracture, permanent disability, disfigurement or 60 days of disability. Liability minimums are 25/50/25.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Dog bites. No dog bite statute. The owner is liable if they knew or should have known the dog was dangerous, or if they were negligent.

North Dakota injury claim questions

Can I still get a settlement in North Dakota if I was partly at fault?

Yes, as long as you were less than 50% at fault. Your award is reduced by your percentage, and at 50% or more you recover nothing.

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

six years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does North Dakota cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.