North Dakota Personal Injury Settlement Calculator
North Dakota stands out with one of the longest statutes of limitations in the country — 6 years — and mandatory $30,000 PIP coverage. The 51% bar applies to fault allocation. Average settlements are lower than coastal states, reflecting North Dakota's smaller economy and conservative jury pool.
North Dakota's Modified Comparative Negligence Rule
North Dakota follows modified comparative negligence under N.D.C.C. § 32-03.2-02. Your recovery is reduced proportionally by your fault — but if you are 51% or more at fault, you recover $0. North Dakota's smaller population means fewer attorneys specialize in personal injury, but Fargo has a growing legal market.
Example: You are injured in a crash with $80,000 in damages. If a jury finds you 25% at fault and the other driver 75% at fault, you recover $60,000 (your damages minus your 25% share).
North Dakota jurors tend to be conservative and careful. Legitimate, well-documented claims are compensated fairly — but exaggerated claims face scrutiny. Medical documentation is critical.
North Dakota's Mandatory $30K PIP Coverage
North Dakota requires all drivers to carry Personal Injury Protection (PIP) of at least $30,000. Your own insurance pays your medical bills and lost wages up to this limit — regardless of who caused the accident. This provides an important safety net while your liability claim is resolved.
- Medical expenses up to $30,000 — paid by your own insurer regardless of fault
- Lost wages (subject to policy terms)
- Disability and loss of service benefits
- Funeral expenses in wrongful death cases
Statute of Limitations: 6 Years
North Dakota's 6-year statute of limitations (N.D.C.C. § 28-01-16) for personal injury is one of the longest in the nation. This gives accident victims substantial time to evaluate their claims. However, a long deadline is not a reason to wait — insurers interpret delays as weakness, and evidence degrades over time.
| Case Type | Time Limit |
|---|---|
| Personal Injury | 6 years (one of longest in US!) |
| Wrongful Death | 2 years |
| Property Damage | 6 years |
Average Settlements in North Dakota
North Dakota settlements reflect a small, rural state with a conservative jury pool. Fargo is the largest market and produces the highest verdicts. Oil country (western ND) has seen increased accident activity due to oil field workers, which has modestly elevated some injury claims in that region.
- Minor injuries (soft tissue, whiplash): $5,000 - $18,000
- Moderate injuries (fractures, surgery): $22,000 - $70,000
- Serious injuries (permanent disability): $100,000 - $350,000
- Catastrophic injuries (TBI, spinal cord): $350,000+
Top Cities in North Dakota
| City | Population | Settlement Trends |
|---|---|---|
| Fargo | 125K | Highest in state — largest city, Cass County courts |
| Bismarck | 73K | Moderate — state capital, Burleigh County |
| Grand Forks | 57K | Moderate — Grand Forks County, university town |
North Dakota Insurance Minimums
North Dakota requires drivers to carry the following minimum auto liability insurance coverage:
Required Minimum Coverage (North Dakota)
- Bodily Injury: $25,000 per person / $50,000 per accident
- Property Damage: $25,000 per accident
North Dakota requires 25/50/25 minimum auto liability coverage. North Dakota is a no-fault state with mandatory PIP ($30,000 basic coverage). You can only sue the at-fault driver if your injuries meet the serious injury threshold.
Settlement Amounts by Injury Type in North Dakota
Settlement values vary widely depending on how badly you were hurt. These ranges are based on typical outcomes in North Dakota courts and insurance negotiations. Your case could be higher or lower depending on the specifics.
| Injury Type | Typical Settlement Range | Multiplier Used | ||
|---|---|---|---|---|
| Whiplash / Soft Tissue | $6,000 - $18,000 | 1.5x - 2.5x | ||
| Fractures | $22,000 - $65,000 | 2x - 3x | ||
| Herniated Disc | $30,000 - $85,000 | 2.5x - 3.5x | ||
| Concussion / Mild TBI | $22,000 - $70,000 | 2x - 3x | ||
| Burns | $35,000 - $140,000 | 3x - 5x | ||
| Back / Spinal Injury | $60,000 - $280,000 | 3x - 5x | ||
| Knee / Shoulder Surgery | $35,000 - $100,000 | 2.5x - 3.5x | ||
| Wrongful Death | $350,000 - | Injury Type | Typical Settlement Range | Multiplier Used | | N/A |
These numbers reflect cases where the other party was clearly at fault. If you share some blame, your recovery will be reduced by your percentage of fault under North Dakota's negligence rules.
Damages Caps in North Dakota
North Dakota does not cap compensatory damages in personal injury cases. Medical malpractice non-economic damages are capped at $500,000. Punitive damages are available but are not common in North Dakota.
Frequently Asked Questions
What is North Dakota's statute of limitations for personal injury?
North Dakota has a 6-year statute of limitations for personal injury (N.D.C.C. § 28-01-16) — one of the longest in the country. Wrongful death claims must be filed within 2 years. While the 6-year window gives you significant time, waiting too long damages your case: evidence disappears and witnesses' memories fade.
How does North Dakota's modified comparative negligence law work?
North Dakota follows modified comparative negligence under N.D.C.C. § 32-03.2-02. If you are 50% or less at fault, your damages are reduced by your fault percentage. If you are 51% or more at fault, you recover $0. North Dakota also requires mandatory $30,000 PIP coverage, so your medical bills are covered by your own insurer regardless of fault.
What is the average settlement in North Dakota?
North Dakota settlements typically range from $20,000 to $75,000. Fargo (Cass County) produces the highest verdicts in the state. Minor injuries: $5K-$18K. Moderate injuries (fractures, surgery): $22K-$70K. Severe/catastrophic: $150K+. The state's sparse population and conservative jury pool tend to keep verdicts lower than coastal states.
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