Deadlines to File an Injury Lawsuit in North Dakota
How long you have to sue in North Dakota for an injury, property damage, medical malpractice or wrongful death, and the shorter deadline for claims against the government.
Short answer: 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)
| 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. |
|---|---|
| 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 |
More North Dakota personal injury & wrongful death
- Wrongful Death Lawsuits in North Dakota
- Medical Malpractice Rules in North Dakota
- Car Accident Claims in North Dakota
- Dog Bite Liability in North Dakota
- Sidewalk and Public Property Falls in North Dakota
- Motorcycle Accident Claims in North Dakota
- Pedestrian Accident Claims in North Dakota
- Bicycle Accident Claims in North Dakota
- Uber and Lyft Accident Claims in North Dakota
- Truck Accident Claims in North Dakota
- Construction Site Injuries in North Dakota
- All North Dakota personal injury & wrongful death rules
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.
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.