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★ North Dakota · fracture

Fracture settlements
in North Dakota.

By Reviewed by Abd Shanti, Founder9 min read

The North Dakota fault bar reaches further than many people expect. When a jury found a student 70% responsible for his own injuries in a school stunt, his parent’s claim for the medical bills failed with his.

Facts that decide a fracture claim in North Dakota

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)
Parent’s claim for medical billsA parent’s claim for a child’s medical expenses derives from the child’s claim, so it fails if the child is barred by comparative fault.Moore v. Fargo Public School District (N.D. 2012)
Claims against public bodiesNotice 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
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)
united states · sister site
Your fracture claim in North Dakota. See the number for your own case.

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★ ND · reported fracture outcomes

What North Dakota courts have awarded.

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

  • Moore v. Fargo Public School District
    North Dakota Supreme Court · 2012
    $285,000 medical costs found; nothing recovered

    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. The jury put 30% of the fault on the teacher and district staff and 70% on the student, and found $285,000 in past medical expenses. The student recovered nothing, and the Court held his father could not collect 30% of the medical costs either.

  • Albrecht v. Metro Area Ambulance
    North Dakota Supreme Court · 2001
    Judgment reversed; new trial ordered

    In 1994 police handcuffed Albrecht and ambulance attendants strapped her facedown on a stretcher board for a transfer to a psychiatric unit. She said an attendant sat on her cuffed arms during the ride, injuring her left wrist, which later needed surgery, and that her existing back injury hurt badly. The trial court held it could not award noneconomic damages without proof of economic damages. The Court held that was wrong and ordered a new trial.

★ ND · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in North Dakota.

  1. 1

    Pain and suffering do not depend on medical bills. Albrecht holds a jury may award noneconomic damages for an injury even without separate proof of economic loss.

  2. 2

    The fault split decides everything. At 70% the student in Moore recovered nothing, and a finding below 50% would have produced a reduced award instead.

  3. 3

    Family claims follow the injured person’s claim. A parent’s medical bill claim rises or falls with the child’s, so the child’s share of fault controls both.

  4. 4

    Claims against schools and other public bodies face damages caps and, for the State, a 180 day notice rule.

★ 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.

★ fracture · 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 fracture claims.

JurisdictionFault ruleLimitationFracture 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 · fracture →
South DakotaSlight versus gross negligence3 years from date of injurySD · fracture →
WisconsinModified comparative, 51% bar3 years from date of injuryWI · fracture →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · fracture →
IndianaModified comparative, 51% bar2 years from date of injuryIN · fracture →
IowaModified comparative, 51% bar2 years from date of injuryIA · fracture →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · fracture →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · fracture →
ArkansasModified comparative, 50% bar3 years for personal injury; 2 years for medical malpracticeAR · fracture →
ColoradoModified comparative, 50% bar2 years for personal injury; 3 years for motor vehicleCO · fracture →
OklahomaModified comparative, 51% bar2 years from date of injuryOK · fracture →
OregonModified comparative, 51% bar2 years from date of injuryOR · fracture →
★ ND · fracture · frequently asked

Common questions.

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

united states · sister site
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Sources

Checked 2026-09-29.

★ all of ND
North Dakota overview

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

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in North Dakota. See /methodology, /sources, and /disclaimer.