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★ North Dakota · back & spine

Back & spine settlements
in North Dakota.

By 9 min read

North Dakota juries decide damages, but the Supreme Court watches both ends. It sent back a $175 million verdict as excessive, and it reversed a case where a modest award for a crash had turned into a judgment against the injured couple.

Facts that decide a back & spine claim in North Dakota

Settlement offersIf 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 historyRecords 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 verdictsThe 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)
Deadline to sueSix 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 ruleModified 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)
★ band · US federal frame
$80,000 to $400,000+
Back injury (severe, surgery)
Reported decisions; statutory cap states constrain the upper end

The US band is the starting point. North Dakota's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your back & spine claim in North Dakota. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own back & spine case in about two minutes, no cost and no obligation.

Check my case
★ ND · reported back & spine outcomes

What North Dakota courts have awarded.

Real North Dakota decisions and verdicts, each linked to the court record or official report.

  • Harfield v. Tate
    North Dakota Supreme Court · 2004
    $2,401.30 award became an $8,292.39 judgment against the plaintiffs; reversed

    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. Because Tate had made a larger settlement offer under Rule 68, his later costs of $15,253.10 were offset against her award, leaving a judgment against the Harfields of $8,292.39. The Court reversed because the trial court admitted records and a doctor’s letter about her prior unrelated surgery.

  • Zander v. Morsette
    North Dakota Supreme Court · 2024
    $175 million noneconomic verdict reversed; new trial

    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. Morsette admitted liability. A jury awarded $175 million in noneconomic damages, including $75 million to Monson. Morsette argued the award was excessive and that alcohol had been mentioned despite an earlier ruling excluding it. The Court reversed and remanded.

★ ND · back & spine · in practice

What changes the number here.

What actually moves a back & spine settlement in North Dakota.

  1. 1

    Take a formal settlement offer seriously. Harfield shows a small verdict turning into a judgment against the injured family because the defendant had offered more before trial.

  2. 2

    Keep unrelated medical history out. The Harfields won a reversal because the jury saw records of an earlier surgery that had nothing to do with the crash.

  3. 3

    Very large verdicts get close review. Zander’s $175 million award was sent back, so the evidence behind each part of a damages claim has to be solid.

★ ND · statute of limitations
6 years for personal injury; 2 years for medical malpractice

N.D. Cent. Code § 28-01-16, § 28-01-18

★ ND · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ ND · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in North Dakota.

★ back & spine severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies back & spine into the tiers below. North Dakota courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Back injury (moderate, no surgery)$30,000 to $100,000Reported decisions plus settlement aggregates
Back injury (severe, surgery)$80,000 to $400,000+Reported decisions; statutory cap states constrain the upper end
★ back & spine · same region & fault regime

Compare to like jurisdictions.

How North Dakota's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
North Dakota · you are hereModified comparative, 50% bar6 years for personal injury; 2 years for medical malpractice—
OhioModified comparative, 51% bar2 years from date of injuryOH · back & spine →
South DakotaSlight versus gross negligence3 years from date of injurySD · back & spine →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · back & spine →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · back & spine →
IndianaModified comparative, 51% bar2 years from date of injuryIN · back & spine →
IowaModified comparative, 51% bar2 years from date of injuryIA · back & spine →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · back & spine →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · back & spine →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · back & spine →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · back & spine →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · back & spine →
OregonModified comparative, 51% bar2 years from date of injuryOR · back & spine →
★ ND · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-29. Every figure on this page comes from one of these documents.

★ all of ND
North Dakota overview

Fault rule, statute, caps, and key facts for North Dakota as a whole.

★ federal frame
Back & spine in United States

Back & spine band structure and severity tiers at the US level.

★ all 15 countries
Back & spine · everywhere

Cross-jurisdiction comparison of back & spine bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for North Dakota's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in North Dakota. See /methodology, /sources, and /disclaimer.