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★ North Dakota · fracture

Fracture settlements
in North Dakota.

By 6 min read

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.

united states · sister site
Your fracture 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 fracture case in about two minutes, no cost and no obligation.

Check my case
★ 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 DakotaPure comparative 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.

★ all of ND
North Dakota overview

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

★ federal 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 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.