Wrongful death cases in North Dakota: the rules and the lawyers

Personal injury6 years

In North Dakota, an action “for any other injury to the person or rights of another not arising upon contract, when not otherwise expressly provided” must be commenced within six years after the claim for relief has accrued3.

Wrongful death2 years from death

In North Dakota, a wrongful-death action must be commenced within two years, and the claim “must be deemed to have accrued at the time of the death of the party injured”1. When death results from malpractice, the claim accrues on discovery of the malpractice, but nondiscovery cannot extend it beyond six years from the act or omission unless the physician or hospital prevented discovery by fraud1.

Claims against the state: notice180 days (1 year for serious injury)

In North Dakota, a person bringing a claim against the state or a state employee must present written notice to the director of the office of management and budget within 180 days after the injury is discovered or reasonably should have been discovered7, or within one year for a “serious injury” as defined in § 26.1-41-017. The notice must state the time, place and circumstances of the claim, the state employees known to be involved, and the amount demanded7.

Claims against the state: suit3 years

In North Dakota, an action against the state under chapter 32-12.2 must be commenced within the period in § 28-01-22.18, which is three years after the claim accrues, with accrual when the claim “is discovered or might have been discovered in the exercise of reasonable diligence”9.

Claims against political subdivisions3 years

In North Dakota, an action against a political subdivision under chapter 32-12.1 must be commenced within three years after the claim for relief has accrued10.

Bar to recoveryBarred at 50%

In North Dakota, contributory fault does not bar recovery “unless the fault was as great as the combined fault of all other persons who contribute to the injury”2, so a plaintiff found 50 percent at fault recovers nothing.

Minors' tollingTolled during minority

In North Dakota, if the person entitled to sue is under the age of eighteen when the claim accrues, “the time of such disability is not a part of the time limited for the commencement of the action”11. The statute adds that the period cannot be extended “longer than one year after the disability ceases,” and in professional-malpractice cases “the extension of the limitation due to infancy is limited to twelve years”11.