How Long Do You Have to File a Personal Injury Claim?

Woman with neck brace meeting lawyer about injury claim

Six years sounds like plenty of time. After all, that's a long way off when you're still recovering from an accident. The problem is that evidence doesn't wait six years. Witnesses move, surveillance footage disappears, and memories fade much faster than the legal deadline. If you need to file a personal injury claim, knowing how much time North Dakota law gives you is only part of the equation. Here's what you need to know about the statute of limitations and why acting sooner is usually the smarter move.

What Is a Statute of Limitations?

When you experience an injury or property damage because of someone else’s actions, the law gives you a solution to seek damages through a civil lawsuit. However, you have a limited amount of time to seek those damages. A statute of limitations is the legal term for a time limit. Without a deadline, we would all be constantly at risk of someone from any point in our past commencing a claim. This would overload our legal system with cases that are almost impossible to prove.

The law aims to balance everyone’s rights. Plaintiffs need enough time to gather evidence and prepare their claim before commencing a lawsuit. Defendants have a set amount of time after an incident during which an injured party could make a claim.

If an injured party misses the statute of limitations deadline, they are barred from commencing their lawsuit and seeking recovery. This means they cannot recover compensation for their injuries and losses.

North Dakota's Personal Injury Statute of Limitations

Each state has established its own statute of limitations for claims. In North Dakota, the general rule is that negligence-based personal injury claims have a six-year statute of limitations in which to commence a civil lawsuit by service of a summons and complaint. (N.D. Cent. Code § 28-01-16(5)) This covers a broad range of cases. The clock for the six-year deadline begins running on the day of the incident in which you are injured.

Car accidents
Truck accidents
Motorcycle accidents
Slip and falls
Dog bites
Premises liability
Product liability (general negligence claims)

Some types of claims have a specific, unique statute of limitations. Medical malpractice claims have a two-year deadline from the date of injury. However, there are exceptions to this.

Intentional injuries also have a two-year statute of limitations. This limit would cover claims that originate from defamation, false imprisonment, or assault and battery.

Wrongful death claims have a two-year deadline. A victim's surviving family members or estate files the claim. The general rule is that the timeline begins on the date of death. However, this can change depending on the incident that led to the death. For medical malpractice claims that result in death, the clock doesn’t begin until the malpractice is discovered or should have been discovered.

Can the Statute of Limitations Deadline Be Extended?

The law isn’t a “one-size-fits-all” mechanism. There are exceptions to statute of limitations deadlines to recognize unique situations. Medical practice cases begin with a two-year deadline. Except, what happens if you don't discover the medical malpractice until three years later? It wouldn’t be fair to prevent someone from seeking compensation simply because they didn’t discover the harm soon enough. The “discovery rule” extends the deadline. You have two years from the earliest of the date you discover your injury, or the date you should have discovered it, to file your lawsuit. However, there's a deadline on the discovery rule. You can't file suit later than six years from the date of the malpractice, unless the doctor or hospital fraudulently conceals it from you.

Defendants can’t avoid being sued by leaving North Dakota. For certain cases, if the defendant leaves North Dakota, the state no longer has jurisdiction over them. The plaintiff wouldn’t be able to seek compensation. To address this, the statute of limitations is effectively paused while the defendant is out of the state. That way, the plaintiff can seek recovery when the defendant returns.

North Dakota extends statute of limitations deadlines for people who are considered legally disabled. Despite the name, it applies to people who can’t advocate for themselves legally. This includes minors (anyone under the age of 18), people deemed “insane”, and prisoners for a term less than life. For someone belonging to one of these groups, the statute of limitations is extended with limits. The extension lasts for one year beyond the disability ending. The maximum extension is five years unless the person is a minor. In medical malpractice cases, the longest extension possible is 12 years.

Claims Against the Government

Personal injury claims filed against the government have different limitations deadlines. The general statute of limitations is three years. The clock starts running on the earliest of the date you discover your injury, or the date you should have discovered it had you been reasonably careful. However, you must notify the North Dakota Office of Management and Budget (OMB) in writing of your injury within 180 days of injury discovery or should have discovered. Providing notice is a separate issue from commencing a lawsuit.

You Shouldn't Wait Until the Deadline

Just because North Dakota gives you several years to file a lawsuit doesn't mean you should wait that long to speak with an attorney. Building a strong personal injury case starts almost immediately after an accident. Skid marks fade, damaged property gets repaired, surveillance footage is routinely deleted, and witnesses forget important details. Even your medical records become more difficult to connect to the accident if you delay treatment or wait months to pursue a claim.

This is especially important because North Dakota follows a modified comparative negligence rule. The other party is going to look for ways to argue that you were partly responsible for the accident. If the court determines that you're 50% or more at fault, you cannot recover compensation. If you're less than 50% responsible, your recovery is reduced by your percentage of fault. The sooner you contact and hire an attorney, the quicker they can get to work on your claim. They can investigate the accident, preserve evidence, and identify witnesses. The more evidence building they can do, the stronger your case may be against arguments that unfairly shift blame onto you.

Speak With a Personal Injury Lawyer

If you've been injured in an accident, don't assume you have plenty of time to decide what to do next. While North Dakota law provides a limitations deadline for personal injury claims, every case is different, and some situations involve shorter time limits or unique legal issues. Fremstad Law helps clients understand their rights, evaluate their legal options, and pursue fair compensation for their injuries.