What is a child’s brain injury claim worth in North Dakota?

It depends heavily on the medical and economic experts. In N.B. v. Terwilliger (2021) the jury awarded $30,000 despite plaintiff estimates above $400,000.

Can a parent be found at fault for a child’s injury?

Yes. In N.B. v. Terwilliger the jury found the mother 45% at fault.

Who is liable when a horse or other animal injures a child?

It depends on who owned or controlled the animal and the property. N.B. sued the homeowner and the couple who lived there, and the parties disputed control.

How long do I have to file a brain injury claim in North Dakota?

Six years for most negligence claims; malpractice and claims against public bodies have their own rules.

What is the statute of limitations for head & brain 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.

★ North Dakota · head & brain

Head & brain settlements
in North Dakota.

By MyClaimWorth EditorialPublished 9 May 2026Updated 29 September 20269 min read

In North Dakota a parent’s fault can shape a child’s brain injury case. When a horse kicked a young girl in the head, the jury awarded $30,000 and found her mother 45% at fault.

Facts that decide a head & brain claim in North Dakota

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)
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)
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)
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

★ band · US federal frame

$500,000 to multi-million

Severe traumatic brain injury

Catastrophic-case reported decisions

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 head & brain 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 head & brain case in about two minutes, no cost and no obligation.

Check my case

★ ND · reported head & brain outcomes

What North Dakota courts have awarded.

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

N.B. v. Terwilliger
North Dakota Supreme Court · 2021
$30,000 verdict affirmed; mother 45% at fault
In 2015 N.B. was playing outside a relative’s house when a horse on the property kicked her in the head. A brain injury medicine specialist testified she would have permanent long term effects; a defense neuropsychologist disagreed. Her economist put future economic loss at $401,253 to $736,480 and a life care plan at $523,836; the defense economist said $63,030. The jury awarded $25,000 in future economic damages and $5,000 in past noneconomic damages and found her mother 45% at fault. The Court affirmed.

★ ND · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in North Dakota.

1
Brain injury values hinge on the expert contest. N.B.’s own experts supported losses above $400,000, but the jury sided closer to the defense figure.
2
A supervising parent can be assigned fault. The jury found N.B.’s mother 45% at fault, which affected the family’s own recovery.
3
Animal injuries on someone else’s property raise questions about who controlled the animal and the premises, which were disputed in N.B.
4
Children’s brain injuries can take years to show their full effect, so life care planners and neuropsychological testing are central; N.B.’s plan was costed at $523,836 while the jury awarded far less.

★ 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 head & brain settlement in North Dakota.

Medical malpractice non-econ cap
Med-mal claims
$500,000
N.D. Cent. Code § 32-42-02

★ head & brain severity tiers · US frame

How the band stratifies.

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

Severity tier	Band	Basis
Concussion / mild TBI	$25,000 to $100,000	Reported decisions
Severe traumatic brain injury	$500,000 to multi-million	Catastrophic-case reported decisions

★ head & brain · 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 head & brain claims.

Jurisdiction	Fault rule	Limitation	Head & brain page
North Dakota · you are here	Modified comparative, 50% bar	6 years for personal injury; 2 years for medical malpractice	—
Ohio	Modified comparative, 51% bar	2 years from date of injury	OH · head & brain →
South Dakota	Slight versus gross negligence	3 years from date of injury	SD · head & brain →
Wisconsin	Modified comparative, 51% bar	3 years from date of injury	WI · head & brain →
Illinois	Modified comparative, 51% bar	2 years from date of injury	IL · head & brain →
Indiana	Modified comparative, 51% bar	2 years from date of injury	IN · head & brain →
Iowa	Modified comparative, 51% bar	2 years from date of injury	IA · head & brain →
Tennessee	Modified comparative, 50% bar	1 year from date of injury, among the shortest in the US	TN · head & brain →
Utah	Modified comparative, 50% bar	4 years for personal injury; 2 years for medical malpractice	UT · head & brain →
Arkansas	Modified comparative, 50% bar	3 years for personal injury; 2 years for medical malpractice	AR · head & brain →
Colorado	Modified comparative, 50% bar	2 years for personal injury; 3 years for motor vehicle	CO · head & brain →
Oklahoma	Modified comparative, 51% bar	2 years from date of injury	OK · head & brain →
Oregon	Modified comparative, 51% bar	2 years from date of injury	OR · head & brain →

★ ND · head & brain · frequently asked

Common questions.

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

What is a child’s brain injury claim worth in North Dakota?
It depends heavily on the medical and economic experts. In N.B. v. Terwilliger (2021) the jury awarded $30,000 despite plaintiff estimates above $400,000.
Can a parent be found at fault for a child’s injury?
Yes. In N.B. v. Terwilliger the jury found the mother 45% at fault.
Who is liable when a horse or other animal injures a child?
It depends on who owned or controlled the animal and the property. N.B. sued the homeowner and the couple who lived there, and the parties disputed control.
How long do I have to file a brain injury claim in North Dakota?
Six years for most negligence claims; malpractice and claims against public bodies have their own rules.
What is the statute of limitations for head & brain 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.

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

Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries

Head & brain · everywhere

Cross-jurisdiction comparison of head & brain 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.

Head & brain settlementsin North Dakota.

Facts that decide a head & brain claim in North Dakota

Sources

Head & brain settlements
in North Dakota.