North Dakota follows modified comparative fault with a 50 percent bar. This directory covers North Dakota-specific filing deadlines, damage caps, 25/50/25 liability insurance minimums, the no-fault/PIP insurance system, small claims rules, and links to the State Bar Association of North Dakota referral resources.
North Dakota provides a 6 years statute of limitations for personal injury, one of the longest in the country. While this gives more time to evaluate a claim, delay still risks lost evidence and fading witness memory. North Dakota follows modified comparative fault with a 50 percent bar.
North Dakota is a no-fault state with mandatory PIP insurance coverage. The minimum liability insurance requirement is 25/50/25 (bodily injury per person/per accident/property damage). Claims involving car crashes, truck accidents, premises liability, dog bites, product injuries, medical malpractice, or wrongful death each carry distinct deadlines and procedural requirements in North Dakota. The State Bar Association of North Dakota operates a referral service to help connect injured persons with licensed attorneys.
| Resource | Use it for | Link |
|---|---|---|
| North Dakota bar association | Start with bar-sponsored public information, member lookup, referral options, discipline/licensing resources, or consumer guidance. | https://www.sband.org/ |
| ABA FindLegalHelp.org | Use ABA public resources for lawyer referral, free legal help, licensing information, and legal information. The ABA states that it does not provide individual legal representation. | ABA Find Legal Help |
| ABA bar directories and lawyer finders | Cross-check whether the ABA lists a bar-sponsored lawyer-finding resource for North Dakota. | ABA bar directories and lawyer finders |
| LSC legal-aid locator | Find LSC-funded civil legal aid near a North Dakota address, city, or ZIP code. LSC legal aid is income-eligible and usually focused on civil legal problems. | LSC I Need Legal Help |
The general North Dakota personal injury limitation period in this site data is 6 years, with citation to N.D. Cent. Code § 28-01-16. Medical malpractice is listed as 2 years; 6-year repose, cited to N.D. Cent. Code § 28-01-18. Wrongful death is listed as 2 years, cited to N.D. Cent. Code § 28-01-18. The state source link is the state code or official state source.
Do not treat the general deadline as a complete filing calendar. Government defendants, public hospitals, public schools, transit agencies, counties, cities, state agencies, and federal defendants can require administrative notices or claims before a lawsuit. A minor claimant, delayed discovery, medical malpractice repose period, wrongful death appointment issue, bankruptcy stay, military service, or tolling agreement can also change the analysis. If a deadline is close, a referral-service call is not enough; the complaint, notice, service, and filing rules must be handled by someone licensed in the jurisdiction.
Damage caps are claim-specific. This directory tracks medical malpractice and health-care injury cap issues because they are common in personal injury research and can materially change settlement leverage. The current cap type in the site data is No broad cap. Summary: No broad med-mal compensatory cap identified. Primary citation: N.D. Cent. Code tit. 32.
For ordinary negligence cases, the most important cap may be the available insurance limit rather than a statute. A low bodily injury limit, rejected underinsured motorist coverage, medical liens, workers compensation reimbursement rights, Medicare or Medicaid liens, and comparative fault can reduce net recovery even when there is no broad compensatory damages cap. Punitive damages, dram-shop claims, government defendants, and medical malpractice claims can add separate statutory issues. Use the internal cap table for a first pass, then verify the newest statute and case law with a licensed attorney.
The following table summarizes the key North Dakota-specific rules that shape personal injury claims in this state.
| Legal Rule | North Dakota Standard | Citation |
|---|---|---|
| Fault system | modified comparative fault with a 50 percent bar | N.D. Cent. Code § 32-03.2-02 |
| PI statute of limitations | 6 years | N.D. Cent. Code § 28-01-16 |
| Med-mal deadline | 2 years | N.D. Cent. Code § 28-01-18 |
| Wrongful death deadline | 2 years | N.D. Cent. Code § 28-01-18 |
| Min. BI insurance | 25/50/25 | State insurance code |
| PIP required | Yes (mandatory) | |
| No-fault system | Yes (no-fault) | |
| Small claims limit | $15,000 | Small Claims Court (District Court) |
| Dog bite rule | One-bite rule | |
| Dram shop liability | Yes | N.D. Cent. Code § 05-01-06.1 |
| Govt. claim notice | 180 days (N.D. Cent. Code § 32-12.2-04) | |
| Bar referral | North Dakota Bar Lawyer Referral |
North Dakota follows modified comparative fault with a 50 percent bar (N.D. Cent. Code § 32-03.2-02). The plaintiff's damages are reduced by their percentage of fault, but if the plaintiff is found 50 percent or more at fault (equally responsible), they recover nothing. This is stricter than the 51 percent threshold used by most modified comparative states, because a plaintiff who is exactly half at fault loses the entire claim.
Example: A jury awards $300,000. If you are found 40 percent at fault, you recover $180,000. But if you are found exactly 50 percent at fault, you recover nothing under North Dakota's 50 percent bar, even though the other driver was equally negligent.
Because the 50 percent threshold is a hard cutoff, insurance adjusters in North Dakota frequently argue that the plaintiff bears at least 50 percent of the fault to avoid paying any damages at all. This is why documented evidence of the other party's negligence (police reports, witness statements, photos, video footage) is critical in North Dakota claims.
North Dakota requires minimum liability insurance of 25/50/25: $25,000 bodily injury per person, $50,000 bodily injury per accident, and $25,000 property damage per accident.
| Coverage Type | North Dakota Minimum |
|---|---|
| Bodily injury per person | $25,000 |
| Bodily injury per accident | $50,000 |
| Property damage | $25,000 |
| PIP (Personal Injury Protection) | Required |
| No-fault system | Yes |
As a no-fault state, North Dakota requires PIP coverage that pays for medical expenses and lost wages regardless of who caused the accident. Lawsuits against the at-fault driver are limited to cases where injuries exceed the state's threshold for severity or cost. This threshold affects whether you can pursue pain-and-suffering damages through a traditional personal injury lawsuit.
North Dakota small claims courts (Small Claims Court (District Court)) handle disputes up to $15,000. For minor injury claims within this range, small claims court can be faster and less expensive than filing in a higher court, though complex cases with significant medical evidence may require the formal procedures of a superior or circuit court.
North Dakota follows the one-bite rule for dog bite cases. There is no strict liability statute for dog owners. The injured person must show the owner knew or should have known the dog had a dangerous propensity (such as a prior bite or aggressive behavior) or that the owner was negligent in controlling the animal. Local municipal ordinances may impose additional duties.
North Dakota has a dram shop act (N.D. Cent. Code § 05-01-06.1) that can hold bars, restaurants, and other alcohol vendors liable for injuries caused by a person they served while that person was visibly intoxicated or underage. This creates a potential additional source of recovery in drunk-driving accident cases.
Claims against North Dakota government entities (cities, counties, state agencies, school districts) require a formal notice within a specific time frame: 180 days (N.D. Cent. Code § 32-12.2-04). Missing this administrative deadline can permanently bar the claim even if the general statute of limitations has not expired. Government defendants may also have separate damage caps and immunity protections.
North Dakota-specific accident scenarios include crashes on I-94 and I-29, oil and gas extraction injuries in the Bakken formation, agricultural machinery and grain elevator accidents, winter driving crashes on icy rural highways, and railroad crossing accidents. Cass County District Court (Fargo), Burleigh County (Bismarck), and Grand Forks County handle the most personal injury cases. North Dakota's sparse population and large geographic distances can complicate evidence gathering and medical treatment.
North Dakota has a 6-year PI statute of limitations, the longest in the nation (tied with Maine and Minnesota). Neighboring Montana (3 years), South Dakota (3 years), and Minnesota (6 years) offer varying deadlines. North Dakota is a no-fault state unlike neighboring Montana (tort) and South Dakota (tort). North Dakota uses a 50% fault bar, stricter than Minnesota's 51% bar.
Start by confirming the lawyer's active license through the State Bar Association of North Dakota. Check for any public disciplinary history. Ask whether the lawyer personally handles North Dakota personal injury cases, whether litigation is filed in-house or referred to other firms, and whether they have experience with the specific claim type in North Dakota courts.
Since North Dakota is a no-fault state, ask whether your injuries meet the threshold for filing a tort lawsuit. An experienced North Dakota attorney should immediately evaluate whether your claim qualifies to go beyond PIP benefits.
Fee structure should be documented in writing before representation begins. Most personal injury matters use a contingency fee, commonly around one-third of the recovery. Ask whether the percentage changes after a lawsuit is filed, after arbitration, or at trial. Ask whether the firm advances case expenses and whether you owe costs if there is no recovery. Red flags include pressure to sign immediately, promises of a guaranteed settlement value, and vague statements about who is actually licensed to practice in North Dakota.
Bring the police crash report or incident report, photos from the scene, all medical records and billing statements, your auto insurance declarations page showing liability and UM/UIM limits, the at-fault party's insurance information, health insurance EOB statements, wage documentation from your employer, and any settlement offer already received. For premises liability cases, gather photos of the hazard and any maintenance or incident reports.
In North Dakota's no-fault system, bring your PIP claim documentation and any denial letters from your own insurer. If your injuries meet the threshold for a lawsuit, the PIP records become part of the damages evidence. If a government entity may be involved, note the 180 days (N.D. Cent. Code § 32-12.2-04) notice deadline and bring any correspondence already sent to the government agency.
The North Dakota Bar Lawyer Referral can connect you with a licensed attorney for an initial consultation. Many bar referral services offer a reduced-fee first meeting to help evaluate your claim.
For low-income North Dakota residents, LSC-funded civil legal aid organizations focus on housing, family safety, consumer, and public benefits issues. While these organizations do not typically handle contingency-fee personal injury cases, they may assist with related problems such as medical debt, insurance disputes, or housing instability caused by injury. Use the LSC locator with a North Dakota ZIP code for the nearest program. The ABA's Find Legal Help page provides additional public resources.
Under North Dakota's modified comparative fault rule (N.D. Cent. Code § 32-03.2-02), if you are found 50 percent or more at fault (equally responsible), you cannot recover any damages. You must be less than 50 percent at fault to receive a reduced damages award.
The general statute of limitations for personal injury in North Dakota is 6 years (N.D. Cent. Code § 28-01-16). Medical malpractice claims have a 2 years deadline (N.D. Cent. Code § 28-01-18). Wrongful death claims must be filed within 2 years (N.D. Cent. Code § 28-01-18). Claims against government entities may require earlier notice.
Yes. North Dakota operates a no-fault insurance system with mandatory PIP coverage. Your own insurer pays initial medical expenses and lost wages regardless of who caused the accident. You can file a lawsuit against the at-fault driver only if your injuries meet the state's threshold for severity or cost.
50% bar threshold and $500,000 noneconomic cap for medical malpractice (N.D. Cent. Code section 32-42-02)
North Dakota follows the one-bite rule. To hold the owner liable, you generally must prove the owner knew or should have known the dog had dangerous tendencies (such as a prior bite or aggressive behavior). However, if the owner violated a local leash law, negligence per se may apply.
North Dakota small claims courts (Small Claims Court (District Court)) handle disputes up to $15,000. For minor personal injury claims within this range, small claims court can be faster and less expensive than filing in a higher court.
Yes. The North Dakota Bar Lawyer Referral connects the public with licensed attorneys. You can access this service through the State Bar Association of North Dakota website. The ABA and LSC also provide public referral resources.
Last reviewed: May 05, 2026 (state Bar referrals + recent verdict data verified via official sources).
Author: Mustafa Bilgic — operator of SettlementCalculator. About · Contact · Disclaimer
Sources: American Bar Association (ABA), state Bar Associations directories, court verdict databases (Westlaw, Lexis), state-specific tort statutes, NOLO legal references.
NOT LEGAL ADVICE: Calculator results are estimates only. Every case is unique. Consult a licensed attorney in your state. We do not provide legal services and are not affiliated with any law firm. Lawyer referral information is provided for informational purposes only.