North Dakota applies modified-50 comparative fault with a 6-year personal-injury SOL, among the longest in the US, and a full no-fault auto scheme.
North Dakota operates modified-50 comparative negligence with one of the longer US PI limitation windows (six years) and a comprehensive no-fault auto scheme. Medical-malpractice non-economic damages are capped at $500,000.
N.D. Cent. Code § 28-01-16, § 28-01-18
Modified comparative, recovery barred at 50% claimant fault.
Caps and ceilings imposed by North Dakota law that bear on settlement values.
N.D. Cent. Code § 32-42-02
The handful of details that distinguish this jurisdiction from its neighbours.
Reported decisions, the limitation clock, and how fault is apportioned for each injury type under North Dakota law.
Reported North Dakota decisions for each injury type, each with a link to the judgment and to the full injury guide.
Charlene Altendorf’s car struck Langowski as she crossed a street in Minto on 21 August 2004.
whiplash in North Dakota →In a car crash case retried on damages, the second jury found Todd Harfield had no damages and awarded Ginger Harfield $2,401.30 in past medical costs.
back & spine in North Dakota →In 2015 Morsette drove on the wrong side of the Bismarck Expressway and hit Shayna Monson’s car head on; Monson was seriously injured and two passengers died.
back & spine in North Dakota →In 2015 N.B. was playing outside a relative’s house when a horse on the property kicked her in the head.
head & brain in North Dakota →In 2004 a 15 year old student at Discovery Middle School in Fargo was seriously injured practicing a bike stunt in the school auditorium for a history class event.
fracture in North Dakota →In 1994 police handcuffed Albrecht and ambulance attendants strapped her facedown on a stretcher board for a transfer to a psychiatric unit.
fracture in North Dakota →Hours after giving birth in 2012, Chenille Condon had chest discomfort and shortness of breath, and tests found nodules in her mediastinum.
medical negligence in North Dakota →A pipefitter was left quadriplegic in 2011 after a traffic accident in a company vehicle with Richard Price and another employee; WSI accepted his claim.
workplace in North Dakota →Jon Bartholomay fell from the top of a railcar he was loading at a grain elevator in 2013 and died a month later without regaining consciousness.
workplace in North Dakota →Statutes and rulings that come up again and again in North Dakota injury claims, each with its source.
| Deadline to sue | Six years for a negligence action for bodily injury, counted strictly: the claim must be commenced, not just mailed, before the period runs out.Langowski v. Altendorf (N.D. 2012) |
|---|---|
| Fault rule | Modified comparative fault: a claimant whose fault is as great as the combined fault of all other persons recovers nothing; a smaller share reduces the award.N.D.C.C. § 32-03.2-02, applied in Duma v. Keena (N.D. 2004) and Moore v. Fargo Public School District (N.D. 2012) |
| Seat belt use | Not admissible in any proceeding except the seat belt ticket itself.N.D.C.C. § 39-21-41.4, in the MyClaimWorth seat belt chart |
| Claims against public bodies | Notice to the State within 180 days; suits against cities and counties within 3 years; damages capped at $500,000 per person and $2 million per occurrence.N.D.C.C. §§ 32-12.2-04, 32-12.1-10, 32-12.1-03, in the MyClaimWorth notice of claim chart |
| Settlement offers | If a plaintiff rejects a formal offer of settlement and then recovers less, costs incurred after the offer can be shifted and can exceed the award.Harfield v. Tate (N.D. 2004) |
| Prior medical history | Records of an unrelated earlier surgery should not be admitted to cast doubt on crash injuries; admitting them was reversible error.Harfield v. Tate (N.D. 2004) |
| Excessive verdicts | The Supreme Court will order a new trial when a damages award is excessive or the jury was invited to speculate.Zander v. Morsette (N.D. 2024) |
| Competing experts | Juries weigh competing brain injury and neuropsychology experts and life care plans; a modest award stands if the evidence supports it.N.B. v. Terwilliger (N.D. 2021) |
How North Dakota compares with its neighbours in the Midwest on fault rule and limitation period.
| Jurisdiction | Fault rule | Limitation |
|---|---|---|
| North Dakota | Modified comparative, 50% bar | 6 years for personal injury; 2 years for medical malpractice |
| Illinois (IL) | Modified comparative, 51% bar | 2 years from date of injury |
| Indiana (IN) | Modified comparative, 51% bar | 2 years from date of injury |
| Iowa (IA) | Modified comparative, 51% bar | 2 years from date of injury |
| Kansas (KS) | Modified comparative, 50% bar | 2 years from date of injury |
| Michigan (MI) | Modified comparative, 51% bar | 3 years from date of injury |
| Minnesota (MN) | Modified comparative, 51% bar | 6 years for personal injury (uncommonly long); 4 years for medical malpractice |
| Missouri (MO) | Pure comparative negligence | 5 years for personal injury; 2 years for medical malpractice |
| Nebraska (NE) | Modified comparative, 50% bar | 4 years for personal injury; 2 years for medical malpractice |
| Ohio (OH) | Modified comparative, 51% bar | 2 years from date of injury |
| South Dakota (SD) | Slight versus gross negligence | 3 years from date of injury |
| Wisconsin (WI) | Modified comparative, 51% bar | 3 years from date of injury |
Common questions about personal injury claims in North Dakota, answered with the relevant statutory references.
This page summarises the North Dakota statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in North Dakota. See /methodology, /sources, and /disclaimer.
