North Dakota Personal Injury Laws
North Dakota follows a modified comparative fault system with a 50% bar, meaning you can recover damages only if your fault is less than 50%. If your fault is equal to or greater than 50%, you recover nothing. North Dakota is a no-fault auto insurance state with a $2,500 tort threshold. The general statute of limitations for personal injury is 6 years.
Last verified: 2026-02-26
Statute of Limitations
Personal injury claims must be filed within 6 years of the date of injury. This is one of the longest limitation periods in the country.
Exceptions
Wrongful death actions must be commenced within 2 years from the date of death.
Medical malpractice claims must be filed within 2 years of the injury or its discovery, but no more than 6 years from the date the malpractice occurred.
Claims for assault, battery, and other intentional injuries must be filed within 2 years.
Fault & Liability Rules
You can recover damages only if your fault is less than 50%. Your recovery is reduced by your percentage of fault. If your fault is equal to or greater than 50%, you recover nothing.
Damage Caps
North Dakota does not impose a statutory cap on compensatory damages in general personal injury cases.
Exemplary damages require clear and convincing evidence of oppression, fraud, or actual malice. The award may not exceed two times compensatory damages or $250,000, whichever is greater.
Auto Insurance System
North Dakota is a no-fault auto insurance state. Your own PIP coverage pays up to $30,000 per person for medical expenses and lost wages regardless of who caused the accident. You can only sue the at-fault driver if you meet the tort threshold.
Tort Threshold
$2,500 in medical expenses, or serious and permanent disfigurement or disability lasting more than 60 days
Key North Dakota Statutes
Each defendant is liable only for the amount of damages attributable to their percentage of fault (several liability only). The exception is parties who act in concert, who are jointly liable for their combined fault.
An action for wrongful death may be brought by the personal representative of the decedent for the benefit of the surviving spouse, children, or next of kin.
A person injured by an intoxicated individual may sue the establishment that served alcohol to that person if the server knew or should have known the person was intoxicated or under the legal drinking age.
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in North Dakota.
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