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. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for North Dakota's modified comparative — 50% bar and any applicable statutory cap.
North Dakota applies modified comparative negligence with a 50% bar. For fracture claims, this means a claimant who is 49% at fault recovers 51% of the award, but a claimant assigned 50% or more recovers nothing. The bright-line rule materially affects fracture settlement negotiations: insurers routinely argue claimant conduct toward the 50% threshold, and the perceived risk of stepping over the line drives many claimants to settle below the band.
North Dakota's caps (medical malpractice non-econ cap) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.
★ band · US federal frame
$15,000 – $80,000
Wrist or arm fracture
Settlement aggregates
The US band is the starting point. North Dakota's fault rule and any applicable cap then adjust the figure.
★ 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 fracture settlement in North Dakota.
Medical malpractice non-econ cap
Med-mal claims
$500,000
N.D. Cent. Code § 32-42-02
★ fracture · neighbouring jurisdictions
Compare to neighbours.
How North Dakota's fault rule and limitation period compare to other US jurisdictions for fracture claims.
Jurisdiction
Fault rule
Limitation
Fracture page
North Dakota · you are here
Modified comparative — 50% bar
6 years for personal injury; 2 years for medical malpractice
Each answer is independently coherent and references the relevant statute or authority document.
How much is a fracture claim worth in North Dakota?
North Dakota fracture settlements track the federal US band of $15,000 – $80,000, adjusted for North Dakota's fault rule (modified comparative — 50% bar) and any applicable state cap. The position within the band turns on severity, prognosis, recovery time, and the strength of the medical paper trail.
What fault rule applies to fracture claims in North Dakota?
Modified comparative — 50% bar. Modified comparative — recovery barred at 50% claimant fault.
What is the statute of limitations for fracture claims in North Dakota?
6 years for personal injury; 2 years for medical malpractice. Source: N.D. Cent. Code § 28-01-16, § 28-01-18. Filing after the period expires generally bars the claim absent a tolling exception.
Do North Dakota's damages caps reduce fracture settlements?
Yes — North Dakota applies the following caps that may bear on a fracture claim: Medical malpractice non-econ cap. Caps are applied to the gross award before any fault-allocation reduction.
Does North Dakota require no-fault first-party recovery for auto-related fracture claims?
Yes. North Dakota requires PIP first-party recovery before tort-based claims.
Should I hire a North Dakota fracture attorney?
For all but the most modest claims, yes. North Dakota's fault rule and caps materially affect the calculus, and adjusters value represented claims significantly higher. Most North Dakota personal injury attorneys work on contingency (33–40% typical), with no fee unless you recover.
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.