North Dakota Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
North Dakota injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for North Dakota
- Deadline to sue for an injury
- Most personal injury lawsuits based on negligence must be filed within six years after the claim arises, under the catch-all for "any other injury to the person or rights of another not arising upon contract." Shorter deadlines apply to some claims: two years for assault, battery, false… N.D. Cent. Code §§ 28-01-16(5), 28-01-18(1)
- Fault rule (comparative negligence)
- Modified comparative fault. An injured person's own fault does not bar recovery unless it was as great as the combined fault of all other persons who contributed to the injury (so 50% or more bars recovery); N.D. Cent. Code § 32-03.2-02
- Wrongful death deadline
- Two years, counted from the date of death. If the death resulted from malpractice, the claim accrues when the malpractice is discovered, but not more than six years after the act or omission unless fraud prevented discovery. N.D. Cent. Code § 28-01-18(4)
- Minimum car insurance
- North Dakota is a no-fault state. Owners must carry basic no-fault (personal injury protection) benefits of up to $30,000 per person for economic loss, plus liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage. N.D. Cent. Code §§ 26.1-41-01, 26.1-41-02, 26.1-41-08, 39-16.1-11
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | Most personal injury lawsuits based on negligence must be filed within six years after the claim arises, under the catch-all for "any other injury to the person or rights of another not arising upon contract." Shorter deadlines apply to some claims: two years for assault, battery, false imprisonment, libel and slander. |
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| Deadline to sue for property damage | Six years for an action for taking, detaining or injuring goods or personal property (such as a car), and six years for trespass on real property. |
| Medical malpractice deadline | Two years after the claim accrues. The deadline against a physician or licensed hospital cannot be extended by late discovery beyond six years after the act or omission, unless the physician or hospital's fraud prevented discovery. For a minor, the extension for infancy in professional malpractice cases is limited to twelve years. |
| Wrongful death deadline | Two years, counted from the date of death. If the death resulted from malpractice, the claim accrues when the malpractice is discovered, but not more than six years after the act or omission unless fraud prevented discovery. Source: N.D. Cent. Code § 28-01-18(4) |
| Suing the government | State: written notice of the claim must be given to the director of the Office of Management and Budget within 180 days after the injury is discovered or reasonably should have been discovered (one year for a "serious injury"), and a lawsuit must generally be filed within three years. State liability is capped at $500,000 per person and $2 million per occurrence, and no punitive damages are allowed. Political subdivisions (cities, counties and similar bodies): liability is capped at $500,000 per person and $2 million per occurrence, no punitive damages, and the lawsuit must generally be filed within three years. Political subdivision rules: https://ndlegis.gov/cencode/t32c12-1.pdf |
Fault and damages
| Fault rule (comparative negligence) | Modified comparative fault. An injured person's own fault does not bar recovery unless it was as great as the combined fault of all other persons who contributed to the injury (so 50% or more bars recovery); otherwise, damages are reduced by the person's percentage of fault. Liability among multiple defendants is generally several only (each pays its own share), except for persons who act in concert. Source: N.D. Cent. Code § 32-03.2-02 |
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| Damage caps | The general damages chapter for injury and wrongful death cases requires separate findings for economic and noneconomic damages but sets no general cap on them. Separate caps apply in medical malpractice cases, to punitive damages, and to claims against the state and local governments. |
| Medical malpractice caps | Noneconomic damages in a health care malpractice case are capped at $500,000 in total for the claimant and family members, no matter how many providers are sued. The jury is not told of the cap; the court reduces any larger award. Before suing, the parties must make a good-faith effort to resolve the claim through alternative dispute resolution. |
| Punitive damages | Allowed (called exemplary damages) when the defendant is shown by clear and convincing evidence to be guilty of oppression, fraud or malice. The original complaint may not ask for them; the plaintiff must later get court permission to amend. The amount may not exceed two times compensatory damages or $250,000, whichever is greater, and none may be awarded unless compensatory damages are awarded. Source: N.D. Cent. Code § 32-03.2-11 |
Wrongful death
| Who can sue for wrongful death | The action is brought by the following, in this order: (1) the surviving spouse; (2) the surviving children; (3) the surviving mother or father; (4) a surviving grandparent; (5) the personal representative; (6) a person who had primary physical custody of the person before the wrongful act. If someone higher on the list refuses or neglects to sue for 30 days after a demand from the next person in line, that next person may sue. The recovery goes to the person's heirs in shares set by the judge and is not subject to the person's debts. |
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| Wrongful death deadline | Two years, counted from the date of death. If the death resulted from malpractice, the claim accrues when the malpractice is discovered, but not more than six years after the act or omission unless fraud prevented discovery. Source: N.D. Cent. Code § 28-01-18(4) |
Car accidents and dog bites
| Reporting a crash to police | The driver of a vehicle in a crash causing injury or death, or apparent property damage of at least $4,000, must immediately notify the local police department (inside a city) or otherwise the county sheriff or the State Highway Patrol. The driver must give the investigating officer their insurance carrier and policy number (or the owner's). The fine for not giving notice is $50, and the license can be suspended until the duties are met. A crash with a wild animal that damages only the driver's own vehicle is exempt. If the driver is physically unable, a capable passenger must give the notice. |
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| Crash report to the DMV | The investigating law enforcement officer must promptly send a crash report to the Department of Transportation director electronically. A driver who did not have insurance information to give the investigating officer must provide it to the driver's license division within 5 days of the crash. If the driver is incapacitated and is not the owner, the owner must give the notice and insurance information within 5 days of learning of the crash. |
| Leaving the scene (hit and run) | A driver in a crash causing injury or death must stop at or return to the scene and stay until they have given their name and address, their and the owner's insurance carrier, and the vehicle registration number, shown their license if asked, and given reasonable help to anyone injured (including arranging transport for medical treatment). Failing to do so in an injury crash is a class A misdemeanor; negligently failing in a crash with serious personal injury is a class C felony, and with a death, a class B felony; the license is revoked on conviction. Failing to stop and meet these duties in a property-damage-only vehicle crash is a class B misdemeanor. A driver who hits an unattended vehicle must find the owner or leave a written note with names, addresses, insurance carrier and how it happened; violating that is a class A misdemeanor. |
| Minimum car insurance | North Dakota is a no-fault state. Owners must carry basic no-fault (personal injury protection) benefits of up to $30,000 per person for economic loss, plus liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage. An injured person can sue an insured driver for noneconomic loss (such as pain and suffering) only for a "serious injury," which includes death, serious permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500. Liability limits are stated in the motor vehicle liability policy section: https://ndlegis.gov/cencode/t39c16-1.pdf |
Slip, trip and fall injuries
| Falls on snow and ice | Falls on snowy or icy city sidewalks: a city or other municipality is not liable for injuries caused by snow and ice that has built up on its sidewalks unless the city's executive officer, governing body, police officer or marshal had actual knowledge of the dangerous condition at least 48 hours before the injury. Actual knowledge cannot be presumed just because the condition existed; it must be proved separately. A municipality is never liable for injuries caused merely by a slippery sidewalk or crosswalk due to frost or loose snow. This statute covers municipal sidewalks only. Source: N.D. Cent. Code § 40-42-05 |
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| Sidewalk falls: who is responsible | Owners of lots next to a city street must build, rebuild and keep in good repair the sidewalks along their property that the city has built or ordered built; if they do not after notice, the city can do the work and assess the cost against the property. The statute does not say in words who is liable to a person injured on a defective sidewalk. A city or other political subdivision can be liable for injuries caused by a condition of its property when a private person would be liable, subject to the limits of the governmental liability law. The old statutes requiring a claim to be filed with the city before suing over a defective street or sidewalk were repealed in 1977. Governmental liability: https://ndlegis.gov/cencode/t32c12-1.pdf ; repealed claim-filing sections: https://ndlegis.gov/cencode/t40c42.pdf |
| Claims against a city or county | Claims against a city, county, school district, park district, township or other political subdivision: the political subdivision liability law (reviewed) has no separate written notice-of-claim step; the lawsuit is brought against the political subdivision and must be started within three years after the claim arises. Liability is capped at $500,000 per person and $2 million for all claims from a single occurrence, and punitive damages are not allowed. Claims against the State itself follow a different law (see government claims). Reviewed N.D. Cent. Code ch. 32-12.1 and ch. 40-42 on 2026-10-28; no notice-of-claim provision found (the former street/sidewalk claim-filing sections 40-42-01 to 40-42-03 were repealed in 1977). |
| Injuries on land used for recreation | A landowner (including a tenant or occupant) who lets people use land for recreation owes them no duty to keep the land safe or to warn of dangers, and does not make them invitees or licensees. The protection does not apply to willful and malicious failure to guard or warn against a dangerous condition, or where the owner charges for entry and the owner's total recreational charges in the prior year were more than twice the property taxes on the land (four times for agricultural land). It also does not cover a for-profit business that invites the public onto the premises for commercial purposes. |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Riders under 18 must wear a helmet that meets U.S. Department of Transportation standards, whether operating or riding as a passenger (except in a lawful parade). If the operator is required to wear a helmet, every passenger must also wear one regardless of age. Adults 18 and older are not required to wear a helmet. The motorcycle chapter does not say whether not wearing a helmet can reduce damages in an injury lawsuit. Reviewed N.D. Cent. Code ch. 39-10.2 on 2026-10-28; no provision on helmet use and damages found. Source: N.D. Cent. Code § 39-10.2-06 |
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| Lane splitting | Banned. No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed. Police officers on duty are exempt. Motorcycles may ride no more than two abreast in a single lane. Source: N.D. Cent. Code § 39-10.2-03 |
| Pedestrian right-of-way | Where traffic signals are not in place or not working, drivers must yield (slowing or stopping if needed) to a pedestrian in a crosswalk who is on the driver's half of the road or approaching so closely from the other half as to be in danger. A pedestrian may not suddenly leave a curb into the path of a vehicle too close to stop. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, and between adjacent intersections with working traffic signals pedestrians may cross only in a marked crosswalk. Drivers must still use due care to avoid hitting any pedestrian, and must yield to pedestrians on a sidewalk. |
| Bicycle laws | A person riding a bicycle on a roadway has the rights and duties of a vehicle driver, and must ride as near the right side as practicable, no more than two abreast. Drivers passing a bicycle going the same direction must leave at least three feet of clearance until safely past. The bicycle chapter has no general bicycle helmet requirement; riders under 18 must wear a helmet on a class 3 electric bicycle. The bicycle chapter does not address riding on sidewalks. Passing distance: https://ndlegis.gov/cencode/t39c10.pdf . Reviewed N.D. Cent. Code ch. 39-10.1 on 2026-10-28 for helmet and sidewalk provisions. |
| Uber and Lyft insurance | While the driver is logged on to the app and available but has no ride, and also after accepting a ride until the passenger is on board, coverage must include primary liability of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus primary uninsured and underinsured motorist coverage and personal injury protection (no-fault). While a passenger is on board, primary liability coverage of $1 million for death, bodily injury and property damage is required, along with primary uninsured/underinsured motorist coverage and personal injury protection for drivers, passengers and pedestrians. The coverage may be provided by the driver, the company, or both, and the company must cover from the first dollar if the driver's policy does not. |
| Truck safety and insurance rules | North Dakota adopts by reference the federal motor carrier safety regulations, including driver qualifications, hours of service, inspection, repair and maintenance, and the federal minimum financial responsibility rules (49 CFR part 387), and they bind all motor carriers operating in the state. Intrastate vehicles of 26,000 pounds or less are exempt unless they haul placarded hazardous materials or carry passengers above set numbers. State law sets separate intrastate hours-of-service limits (no more than 12 cumulative hours of driving after 10 hours off duty, no driving after the 16th hour on duty, and no driving after 70 hours on duty in 7 days), with exemptions such as certain farm hauling within a 150-air-mile radius. Federal minimum insurance for interstate carriers is in 49 CFR 387.9. Intrastate hours of service: https://ndlegis.gov/cencode/t39c32.pdf ; federal: https://www.ecfr.gov/current/title-49/section-387.9 |
Construction accidents
| Construction site injuries | Injured construction workers are covered by North Dakota's workers' compensation law: a worker whose employer paid premiums to the state fund cannot sue that employer or its employees and must look to the fund, except for an injury caused by the employer's intentional act done with the conscious purpose of injuring the worker (or where the employer was uninsured). The worker may still claim benefits and also sue another party whose legal liability caused the injury, such as another contractor or an equipment maker. No North Dakota statute imposing special liability on owners or contractors for falls from heights (a 'scaffold law') was located; a full-code review was not done. |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in North Dakota?
Most personal injury lawsuits based on negligence must be filed within six years after the claim arises, under the catch-all for "any other injury to the person or rights of another not arising upon contract." Shorter deadlines apply to some claims: two years for assault, battery, false imprisonment, libel and slander.
How long do you have to sue for property damage in North Dakota?
Six years for an action for taking, detaining or injuring goods or personal property (such as a car), and six years for trespass on real property.
What is the statute of limitations for medical malpractice in North Dakota?
Two years after the claim accrues. The deadline against a physician or licensed hospital cannot be extended by late discovery beyond six years after the act or omission, unless the physician or hospital's fraud prevented discovery. For a minor, the extension for infancy in professional malpractice cases is limited to twelve years.
How long do you have to file a wrongful death lawsuit in North Dakota?
Two years, counted from the date of death. If the death resulted from malpractice, the claim accrues when the malpractice is discovered, but not more than six years after the act or omission unless fraud prevented discovery.
Who can file a wrongful death lawsuit in North Dakota?
The action is brought by the following, in this order: (1) the surviving spouse; (2) the surviving children; (3) the surviving mother or father; (4) a surviving grandparent; (5) the personal representative; (6) a person who had primary physical custody of the person before the wrongful act. If someone higher on the list refuses or neglects to sue for 30 days after a demand from the next person in line, that next person may sue. The recovery goes to the person's heirs in shares set by the judge and is not subject to the person's debts.
Can you recover damages if you were partly at fault in North Dakota?
Modified comparative fault. An injured person's own fault does not bar recovery unless it was as great as the combined fault of all other persons who contributed to the injury (so 50% or more bars recovery); otherwise, damages are reduced by the person's percentage of fault. Liability among multiple defendants is generally several only (each pays its own share), except for persons who act in concert.
Does North Dakota cap damages in personal injury cases?
The general damages chapter for injury and wrongful death cases requires separate findings for economic and noneconomic damages but sets no general cap on them. Separate caps apply in medical malpractice cases, to punitive damages, and to claims against the state and local governments.
Is there a cap on medical malpractice damages in North Dakota?
Noneconomic damages in a health care malpractice case are capped at $500,000 in total for the claimant and family members, no matter how many providers are sued. The jury is not told of the cap; the court reduces any larger award. Before suing, the parties must make a good-faith effort to resolve the claim through alternative dispute resolution.
When can you get punitive damages in North Dakota?
Allowed (called exemplary damages) when the defendant is shown by clear and convincing evidence to be guilty of oppression, fraud or malice. The original complaint may not ask for them; the plaintiff must later get court permission to amend. The amount may not exceed two times compensatory damages or $250,000, whichever is greater, and none may be awarded unless compensatory damages are awarded.
How do you file an injury claim against the government in North Dakota?
State: written notice of the claim must be given to the director of the Office of Management and Budget within 180 days after the injury is discovered or reasonably should have been discovered (one year for a "serious injury"), and a lawsuit must generally be filed within three years. State liability is capped at $500,000 per person and $2 million per occurrence, and no punitive damages are allowed. Political subdivisions (cities, counties and similar bodies): liability is capped at $500,000 per person and $2 million per occurrence, no punitive damages, and the lawsuit must generally be filed within three years.
What is the minimum car insurance required in North Dakota?
North Dakota is a no-fault state. Owners must carry basic no-fault (personal injury protection) benefits of up to $30,000 per person for economic loss, plus liability insurance of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage. An injured person can sue an insured driver for noneconomic loss (such as pain and suffering) only for a "serious injury," which includes death, serious permanent disfigurement, disability beyond 60 days, or medical expenses over $2,500.
When do you have to report a car accident to the police in North Dakota?
The driver of a vehicle in a crash causing injury or death, or apparent property damage of at least $4,000, must immediately notify the local police department (inside a city) or otherwise the county sheriff or the State Highway Patrol. The driver must give the investigating officer their insurance carrier and policy number (or the owner's). The fine for not giving notice is $50, and the license can be suspended until the duties are met. A crash with a wild animal that damages only the driver's own vehicle is exempt. If the driver is physically unable, a capable passenger must give the notice.
Do you have to report a car accident to the DMV in North Dakota?
The investigating law enforcement officer must promptly send a crash report to the Department of Transportation director electronically. A driver who did not have insurance information to give the investigating officer must provide it to the driver's license division within 5 days of the crash. If the driver is incapacitated and is not the owner, the owner must give the notice and insurance information within 5 days of learning of the crash.
What are your duties after a car accident in North Dakota?
A driver in a crash causing injury or death must stop at or return to the scene and stay until they have given their name and address, their and the owner's insurance carrier, and the vehicle registration number, shown their license if asked, and given reasonable help to anyone injured (including arranging transport for medical treatment). Failing to do so in an injury crash is a class A misdemeanor; negligently failing in a crash with serious personal injury is a class C felony, and with a death, a class B felony; the license is revoked on conviction. Failing to stop and meet these duties in a property-damage-only vehicle crash is a class B misdemeanor. A driver who hits an unattended vehicle must find the owner or leave a written note with names, addresses, insurance carrier and how it happened; violating that is a class A misdemeanor.
Can you sue for slipping on ice or snow in North Dakota?
Falls on snowy or icy city sidewalks: a city or other municipality is not liable for injuries caused by snow and ice that has built up on its sidewalks unless the city's executive officer, governing body, police officer or marshal had actual knowledge of the dangerous condition at least 48 hours before the injury. Actual knowledge cannot be presumed just because the condition existed; it must be proved separately. A municipality is never liable for injuries caused merely by a slippery sidewalk or crosswalk due to frost or loose snow.
Who is liable if you trip and fall on a sidewalk in North Dakota?
Owners of lots next to a city street must build, rebuild and keep in good repair the sidewalks along their property that the city has built or ordered built; if they do not after notice, the city can do the work and assess the cost against the property. The statute does not say in words who is liable to a person injured on a defective sidewalk. A city or other political subdivision can be liable for injuries caused by a condition of its property when a private person would be liable, subject to the limits of the governmental liability law. The old statutes requiring a claim to be filed with the city before suing over a defective street or sidewalk were repealed in 1977.
How long do you have to file a claim against a city or county in North Dakota?
Claims against a city, county, school district, park district, township or other political subdivision: the political subdivision liability law (reviewed) has no separate written notice-of-claim step; the lawsuit is brought against the political subdivision and must be started within three years after the claim arises. Liability is capped at $500,000 per person and $2 million for all claims from a single occurrence, and punitive damages are not allowed. Claims against the State itself follow a different law (see government claims).
Is a landowner liable for injuries on land used for recreation in North Dakota?
A landowner (including a tenant or occupant) who lets people use land for recreation owes them no duty to keep the land safe or to warn of dangers, and does not make them invitees or licensees. The protection does not apply to willful and malicious failure to guard or warn against a dangerous condition, or where the owner charges for entry and the owner's total recreational charges in the prior year were more than twice the property taxes on the land (four times for agricultural land). It also does not cover a for-profit business that invites the public onto the premises for commercial purposes.
Do you have to wear a motorcycle helmet in North Dakota?
Riders under 18 must wear a helmet that meets U.S. Department of Transportation standards, whether operating or riding as a passenger (except in a lawful parade). If the operator is required to wear a helmet, every passenger must also wear one regardless of age. Adults 18 and older are not required to wear a helmet. The motorcycle chapter does not say whether not wearing a helmet can reduce damages in an injury lawsuit.
Is lane splitting legal in North Dakota?
Banned. No person may operate a motorcycle between lanes of traffic or between adjacent lines or rows of vehicles, and a motorcyclist may not pass in the same lane occupied by the vehicle being passed. Police officers on duty are exempt. Motorcycles may ride no more than two abreast in a single lane.
Who has the right of way, a pedestrian or a driver, in North Dakota?
Where traffic signals are not in place or not working, drivers must yield (slowing or stopping if needed) to a pedestrian in a crosswalk who is on the driver's half of the road or approaching so closely from the other half as to be in danger. A pedestrian may not suddenly leave a curb into the path of a vehicle too close to stop. A pedestrian crossing anywhere other than a marked crosswalk or an unmarked crosswalk at an intersection must yield to vehicles, and between adjacent intersections with working traffic signals pedestrians may cross only in a marked crosswalk. Drivers must still use due care to avoid hitting any pedestrian, and must yield to pedestrians on a sidewalk.
What are the bicycle laws in North Dakota?
A person riding a bicycle on a roadway has the rights and duties of a vehicle driver, and must ride as near the right side as practicable, no more than two abreast. Drivers passing a bicycle going the same direction must leave at least three feet of clearance until safely past. The bicycle chapter has no general bicycle helmet requirement; riders under 18 must wear a helmet on a class 3 electric bicycle. The bicycle chapter does not address riding on sidewalks.
What insurance must Uber and Lyft drivers have in North Dakota?
While the driver is logged on to the app and available but has no ride, and also after accepting a ride until the passenger is on board, coverage must include primary liability of at least $50,000 per person and $100,000 per incident for death and bodily injury and $25,000 for property damage, plus primary uninsured and underinsured motorist coverage and personal injury protection (no-fault). While a passenger is on board, primary liability coverage of $1 million for death, bodily injury and property damage is required, along with primary uninsured/underinsured motorist coverage and personal injury protection for drivers, passengers and pedestrians. The coverage may be provided by the driver, the company, or both, and the company must cover from the first dollar if the driver's policy does not.
What safety and insurance rules apply to trucks in North Dakota?
North Dakota adopts by reference the federal motor carrier safety regulations, including driver qualifications, hours of service, inspection, repair and maintenance, and the federal minimum financial responsibility rules (49 CFR part 387), and they bind all motor carriers operating in the state. Intrastate vehicles of 26,000 pounds or less are exempt unless they haul placarded hazardous materials or carry passengers above set numbers. State law sets separate intrastate hours-of-service limits (no more than 12 cumulative hours of driving after 10 hours off duty, no driving after the 16th hour on duty, and no driving after 70 hours on duty in 7 days), with exemptions such as certain farm hauling within a 150-air-mile radius. Federal minimum insurance for interstate carriers is in 49 CFR 387.9.
Can you sue for a construction accident in North Dakota?
Injured construction workers are covered by North Dakota's workers' compensation law: a worker whose employer paid premiums to the state fund cannot sue that employer or its employees and must look to the fund, except for an injury caused by the employer's intentional act done with the conscious purpose of injuring the worker (or where the employer was uninsured). The worker may still claim benefits and also sue another party whose legal liability caused the injury, such as another contractor or an equipment maker.
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