North Dakota Personal Injury Laws
North Dakota uses a modified comparative fault system with a 50% bar and has a generous 6-year statute of limitations for personal injury claims. The state caps non-economic damages in medical malpractice cases at $500,000. North Dakota's oil boom has brought new populations and increased traffic, contributing to a growing volume of personal injury cases.
Statute of Limitations
6 years
Fault Rule
Modified Comparative Fault (50% Bar)
Non-Economic Damages Cap
No Cap
Fault Rule: Modified Comparative Fault (50% Bar)
You can recover damages only if you are less than 50% at fault. Your award is reduced by your percentage of fault.
Average Settlement Amounts in North Dakota
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in North Dakota.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $18,000 |
| Slip and Fall | $13,000 |
| Dog Bite | $26,000 |
Key North Dakota Personal Injury Statutes
- •N.D. Cent. Code § 28-01-16 (statute of limitations)
- •N.D. Cent. Code § 32-03.2-02 (modified comparative fault, 50% bar)
- •N.D. Cent. Code § 32-42-02 (med mal non-economic cap)
Damage Caps in North Dakota
North Dakota does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
For medical malpractice cases specifically, North Dakota caps damages at $500,000.
Injury Claims in North Dakota
Learn more about specific injury types and how North Dakota law applies to each.
Major Cities in North Dakota
Personal injury attorneys in North Dakota serve clients in Fargo, Bismarck, Grand Forks, Minot, West Fargo, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.