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★ North Dakota · whiplash

Whiplash settlements
in North Dakota.

By 9 min read

North Dakota gives crash victims six years to sue, twice the time many states allow. The deadline is still absolute, and a pedestrian lost her whole claim because her papers reached the driver two days too late.

Facts that decide a whiplash claim in North Dakota

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)
Seat belt useNot admissible in any proceeding except the seat belt ticket itself.N.D.C.C. § 39-21-41.4, in the MyClaimWorth seat belt chart
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
★ band · US federal frame
$10,000 to $40,000
Whiplash / soft tissue (1 to 2 years)
Insurance settlement data plus VerdictSearch tabulations

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 whiplash 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 whiplash case in about two minutes, no cost and no obligation.

Check my case
★ ND · reported whiplash outcomes

What North Dakota courts have awarded.

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

  • Langowski v. Altendorf
    North Dakota Supreme Court · 2012
    Claim barred by the statute of limitations

    Charlene Altendorf’s car struck Langowski as she crossed a street in Minto on 21 August 2004. Days before the six year deadline in August 2010 her lawyer sent the summons and complaint to a private process server, but service was completed on 23 August, after the period had run. The Court held the action was not commenced in time and affirmed dismissal.

★ ND · whiplash · in practice

What changes the number here.

What actually moves a whiplash settlement in North Dakota.

  1. 1

    Six years is generous but exact. Langowski counted every day, including weekends, and a claim served two days late was lost entirely.

  2. 2

    An action starts with service, not mailing. Handing papers to a process server does not stop the clock until they are delivered, so file and serve with weeks to spare.

  3. 3

    Seat belt nonuse cannot be used against you in a North Dakota injury suit, which removes a common defense in neck injury cases.

  4. 4

    Pedestrians and passengers have the same six years as drivers. Langowski was on foot when she was struck, and her claim was governed by the same deadline.

  5. 5

    Keep proof of every step. Langowski’s lawyer could show when the papers went to the process server, but only the date of actual service counted.

★ 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 whiplash settlement in North Dakota.

★ whiplash severity tiers · US frame

How the band stratifies.

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

Severity tierBandBasis
Whiplash / soft tissue (minor)$3,000 to $15,000Settlement aggregates from insurance industry sources
Whiplash / soft tissue (1 to 2 years)$10,000 to $40,000Insurance settlement data plus VerdictSearch tabulations
★ whiplash · 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 whiplash claims.

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

Whiplash band structure and severity tiers at the US level.

★ all 15 countries
Whiplash · everywhere

Cross-jurisdiction comparison of whiplash 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.