Personal Injury Lawyers in North Dakota

Six years. That is how long North Dakota gives most injury victims to file a lawsuit, and it is not a typo — while neighboring states cut claimants off at two or three years, North Dakota’s legislature left the door open far longer. It is one of the most generous deadlines in the country. What that extra time does not do is soften the state’s fault rule, which can zero out a claim entirely at exactly the halfway mark.

A Six-Year Window, With Two Exceptions

N.D.C.C. § 28-01-16(5) sets the general personal injury statute of limitations at six years from the date of injury. That covers car and truck crashes, slip and falls, dog bites, and most other negligence claims — plenty of runway compared to states that give claimants two years or less.

Two categories run on shorter clocks. Wrongful death claims must be filed within two years under § 28-01-18, and medical malpractice claims must be brought within two years of discovering the harm, subject to an outer limit of six years from the underlying act. Claims against the State of North Dakota are shorter still: written notice is due within 180 days of discovering the injury, filed with the Office of Management and Budget under § 32-12.2-04. A long general deadline is only useful if you know which of these narrower clocks actually applies to your situation.

The 50% Bar: Where Modified Comparative Fault Gets Strict

North Dakota uses modified comparative negligence under N.D.C.C. § 32-03.2-02. If you are found partly at fault for your own injury, your award is reduced by that percentage — a claimant found 20% responsible for a $100,000 loss collects $80,000. The catch is the bar sits at 50%, not the 51% threshold used in many neighboring states. A claimant found exactly half at fault recovers nothing at all.

That single percentage point makes early evidence disproportionately important. Insurance adjusters know that nudging a claimant’s fault share from 49% to 50% eliminates the entire claim rather than merely shrinking it, which is exactly why recorded statements and quick, unsupported admissions of partial blame are worth thinking twice about before speaking with an insurer.

Damages: Largely Uncapped, With Limited Punitive Exposure

Compensatory damages — medical expenses, lost income, future care, and pain and suffering — carry no statutory cap in ordinary North Dakota injury cases. Punitive damages are available in cases involving oppression, fraud, or actual malice, but § 32-03.2-11 caps them at the greater of two times compensatory damages or $250,000, and North Dakota law requires that a claim for punitive damages be added by motion after the case is filed rather than pleaded in the original complaint.

A No-Fault State With Real Liability Exposure

• Basic no-fault coverage pays first. Every North Dakota driver must carry at least $30,000 in personal injury protection (PIP), which covers medical bills and lost wages after a crash regardless of who caused it.
• Liability minimums sit at 25/50/25. That is $25,000 per person and $50,000 per accident in bodily injury liability, plus $25,000 in property damage coverage.
• Serious injuries can still support a liability claim. Once an injury is severe enough to clear the no-fault threshold, a standard claim against the at-fault driver’s liability coverage becomes available — which is where the comparative fault rule and uncapped compensatory damages come into play.
• UM/UIM coverage matters in a rural state. Matching 25/50 uninsured and underinsured motorist coverage is required, an important backstop given the long stretches of highway and lower population density across much of North Dakota.

Finding the Right Lawyer for Your Case

The Lawyer Atlas is a directory, not a law firm, and nothing here is legal advice about your specific situation. What matters in North Dakota is finding an attorney who understands how local courts apply the 50% fault bar, moves quickly when a government entity is involved, and works on contingency so a free consultation costs you nothing upfront. Browse the North Dakota city page above to reach attorneys serving Bismarck and the surrounding area.