The clock starts on the date of injury. The controlling statute is N.D. Cent. Code § 28-01-16. Filing one day late dismisses the case with prejudice.
If you were injured in North Dakota and intend to sue the at-fault party, the most important date on your calendar is the statute-of-limitations deadline. Nothing else matters if you cross it.
North Dakota's personal-injury deadline is 6 years from the date of injury (N.D. Cent. Code § 28-01-16). Medical-malpractice claims run separately at 2 years, often with a discovery-rule trigger. Wrongful-death claims run from the date of death, with a 2-year deadline.
The statute itself, N.D. Cent. Code § 28-01-16, is the controlling authority. Interpretive decisions come from ND Sup. Ct., which has repeatedly enforced the deadline against late-filed plaintiffs.
The deadline runs from the date the injury "accrued" , usually the date of the accident itself. Under North Dakota case law, a cause of action accrues at the moment the plaintiff suffers a legally compensable harm, even if the full extent of the injury is not yet known.
North Dakota courts recognize a "discovery rule" exception: the statute does not begin running until the plaintiff knew or reasonably should have known of the injury and its cause. This matters most in latent-injury cases like asbestos exposure, surgical sponge cases, or chemical poisoning.
Once the deadline passes, the defendant has an absolute defense. They can ignore settlement demands, refuse to mediate, and simply wait for the dismissal motion to be granted. There is no leverage left.
Children injured in North Dakota get a tolling rule: the statute does not begin running until the minor reaches the age of majority. This means a five-year-old injured in a car accident generally has until age 18 + the standard SOL years to file.
North Dakota courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most North Dakota cases.
If the at-fault party leaves North Dakota after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the North Dakota insurance commissioner have narrowed this rule.
If the defendant actively concealed the cause of action, North Dakota courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
The North Dakota Tort Claims Act imposes pre-suit notice requirements on claims against state and municipal defendants. These notices are jurisdictional , failing to serve them on time, in the form required by statute, dismisses the case regardless of the SOL.
The statute of limitations decides whether you can sue. North Dakota's comparative-negligence rule then decides what you can collect.
North Dakota applies modified comparative fault (50% bar). North Dakota uses modified comparative fault with 50% bar. Authority: N.D. Cent. Code § 32-03.2-02.
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 6 years | N.D. Cent. Code § 28-01-16 | Date of injury |
| Medical malpractice | 2 years | N.D. Cent. Code § 28-01-16 | Discovery or treatment end |
| Wrongful death | 2 years | N.D. Cent. Code § 28-01-16 | Date of death |
| Property damage | 6 years | N.D. Cent. Code § 28-01-16 | Date of damage |
North Dakota is a true no-fault state for car-accident claims. That means PIP coverage pays for medical bills regardless of fault. To sue the at-fault driver beyond PIP, you generally must clear a tort threshold of serious injury defined by N.D. Cent. Code § 26.1-41.
North Dakota requires UM coverage at a minimum of 25/50 (N.D. Cent. Code § 26.1-40-15.1). Stacking treatment: limited.
North Dakota caps non-economic damages in medical-malpractice cases at $500,000. Punitive damages are limited per statute ($250K or 2x compensatory). Authority: N.D. Cent. Code § 32-03.2-11.
North Dakota tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their North Dakota insurer.
Insurance negotiations do not toll the statute. North Dakota courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard North Dakota SOL.
Tolling pauses the clock. North Dakota recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but North Dakota courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Yes, in limited circumstances. North Dakota permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
No. Only proper filing of a civil complaint in a North Dakota court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. North Dakota does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Last verified against primary sources on 2026-05-16.