North Dakota · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in North Dakota?

North Dakota gives you 6 years from the date of injury to file a personal injury lawsuit under N.D. Cent. Code § 28-01-16.

Updated 2026-05-22 · See all 50 states

Key facts: North Dakota

Personal injury deadline
6 years
N.D. Cent. Code § 28-01-16
Wrongful death deadline
2 years
N.D. Cent. Code § 28-01-18
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. North Dakota follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for North Dakota

North Dakota has a six-year general PI deadline, tied with Maine and Minnesota among the longest. Wrongful death is two years from the date of death under § 28-01-18. Government tort claims have a three-year deadline with notice required.

Related: North Dakota comparative negligence rule

North Dakota follows a modified 50% bar rule. Modified comparative fault with a 50% bar; the plaintiff is barred when contributory fault is "as great as" the combined fault of all other parties. Recovery requires fault less than 50%.

Read the full North Dakota comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed North Dakota attorney before relying on it.

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North Dakota Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in North Dakota?

In North Dakota, the general personal injury statute of limitations is 6 years from the date of injury under N.D. Cent. Code § 28-01-16. North Dakota has a six-year general PI deadline, tied with Maine and Minnesota among the longest. Wrongful death is two years from the date of death under § 28-01-18. Government tort claims have a three-year deadline with notice required.

Does North Dakota have a separate deadline for wrongful death?

Yes. North Dakota's wrongful death statute of limitations is 2 years under N.D. Cent. Code § 28-01-18. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the North Dakota personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a North Dakota personal injury attorney before assuming a claim is barred.

What is North Dakota's comparative negligence rule?

North Dakota follows a modified 50% bar rule under N.D. Cent. Code § 32-03.2-02. Modified comparative fault with a 50% bar; the plaintiff is barred when contributory fault is "as great as" the combined fault of all other parties. Recovery requires fault less than 50%.

Where can I read the actual statute?

The controlling statute is N.D. Cent. Code § 28-01-16. The full text is available on the official North Dakota legislature website at https://www.ndlegis.gov/cencode/t28c01.pdf.

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