Accidents & Injuries in North Dakota

North Dakota Century Code Section 28-01-18 provides a general six-year limitations period, though specific personal injury claims may be subject to different periods depending on the theory of liability. The North Dakota Tort Claims Act (NDCC 32-12.2-04) provides a two-year period for claims against the state. Consulting a North Dakota attorney promptly is advisable to confirm your specific deadline.

Yes. North Dakota requires personal injury protection (PIP/no-fault) coverage under NDCC 26.1-41-01. After an accident, your PIP covers your medical expenses and lost wages regardless of fault. To sue the at-fault driver for pain and suffering beyond PIP, your injuries must generally meet the serious injury threshold under North Dakota's no-fault law.

Under North Dakota Century Code Section 32-03.2-02, if you are 49% or less at fault, you can recover damages reduced proportionally. If you are 50% or more at fault, you may be completely barred from recovery. This 50% bar is more restrictive than the 51% bar used in some other states.

North Dakota does not impose a general cap on compensatory damages in most personal injury accident cases. Government entity claims under the North Dakota Tort Claims Act may be subject to recovery limitations. Punitive damages in North Dakota require clear and convincing evidence of oppression, fraud, or malice.