North Dakota

Find an Attorney in North Dakota

North Dakota pairs 50% modified comparative fault with one of the country’s most generous personal-injury statutes of limitations (6 years) and a state-monopoly workers’ comp system. The oil-and-gas boom in the Bakken Formation has added complex commercial and personal-injury litigation to the state’s legal landscape.

Practice areas in North Dakota

Common questions about North Dakota attorneys

Six years from the date of injury under N.D.C.C. § 28-01-16 for most negligence claims — one of the most generous SOLs in the country. Claims against the State or political subdivisions require notice under specific statutes. Medical malpractice has a 2-year SOL with a 6-year statute of repose under § 28-01-18.
North Dakota is one of only four states where workers’ comp is exclusively provided by a state agency — Workforce Safety & Insurance (WSI) under N.D.C.C. § 65-02. Private employers can’t buy traditional workers’ comp from a private carrier. WSI handles all claims; disputes go to administrative hearings with appeals to district court. Ohio, Washington, and Wyoming have similar systems.
North Dakota drivers must carry no-fault PIP under N.D.C.C. § 26.1-41-04 — minimum $30,000 in basic no-fault benefits, including medical, work loss, and survivor benefits. After a crash, you file with your OWN insurer regardless of fault. You can sue the at-fault driver in tort only if you cross the threshold under § 26.1-41-08 — $2,500 in medical, permanent injury, or serious bodily injury.
Under N.D.C.C. § 32-03.2-02, you can recover only if your fault is less than 50%. At exactly 50% or above, you recover nothing — slightly stricter than the 51% bar in most modified-comparative states. The jury assigns percentages to each party, and your damages are reduced by your share.
North Dakota workers’ comp runs through Workforce Safety & Insurance (WSI). You file a First Report of Injury with WSI; WSI evaluates the claim and pays accepted benefits. Disputed claims go to an Administrative Law Judge with appeals to the district court. Income benefits are 66 2/3% of average weekly wage up to a state maximum. Medical treatment is generally employer-directed within WSI guidelines.

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