Personal Injury Statute of Limitations in North Dakota
Last verified 2026-07 · Source: N.D. Cent. Code § 28-01-16(5) ✓ verified · 3 sources
The deadline
6 years
from Date of injury, or date of discovery if injury not reasonably apparent at time of occurrence, under N.D. Cent. Code § 28-01-16(5).
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North Dakota law sets a hard deadline of 6 years to file a personal injury lawsuit. The controlling statute is N.D. Cent. Code § 28-01-16(5), and the clock generally starts on Date of injury, or date of discovery if injury not reasonably apparent at time of occurrence. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
North Dakota Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 6 years | N.D. Cent. Code § 28-01-16(5) |
| Car Accident | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Credit Card Debt | 6 yrs | N.D. Cent. Code § 28-01-16(1) |
| Medical Malpractice | 2 yrs | N.D.C.C. § 28-01-18(3) |
| Wrongful Death | 2 yrs | N.D. Cent. Code § 32-21-02 |
| Dog Bite | 6 yrs | N.D. Cent. Code § 28-01-16 |
| Slip and Fall | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Defamation | 2 yrs | N.D.C.C. § 28-01-18 |
| Breach of Contract | 6 yrs | N.D. Cent. Code § 28-01-16(1) |
| Medical Debt | 6 yrs | N.D.C.C. § 28-01-16(1) |
When the Clock Starts
In North Dakota, the limitations period for personal injury lawsuits generally begins on Date of injury, or date of discovery if injury not reasonably apparent at time of occurrence. North Dakota recognizes a discovery rule for this claim type: Discovery rule applies; clock starts when plaintiff discovers or reasonably should have discovered the injury with reasonable diligence
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Written notice to Office of Management and Budget within 180 days of discovering injury (N.D. Cent. Code § 32-12.2-04)
- Damage caps: $500,000 cap on state tort liability (N.D. Cent. Code § 32-12.2-02); no general noneconomic cap for private defendants
Modified comparative fault; plaintiff barred if 50% or more at fault (N.D. Cent. Code § 32-03.2-02). The 6-year SOL under § 28-01-16(5) is notably longer than most states for general PI. Wrongful death has a separate 2-year SOL under § 28-01-18.
Source: N.D. Cent. Code § 28-01-16(5), official North Dakota statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for North Dakota government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How North Dakota Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| North Dakota | 6 years | N.D. Cent. Code § 28-01-16(5) |
| Minnesota | 2 yrs | Minn. Stat. § 541.07(1) |
| South Dakota | 3 yrs | S.D. Codified Laws § 15-2-14(3) |
| Montana | 3 yrs | Mont. Code Ann. § 27-2-204(1) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in North Dakota?
You have 6 years from Date of injury, or date of discovery if injury not reasonably apparent at time of occurrence, under N.D. Cent. Code § 28-01-16(5).
Can I still sue after 6 years in North Dakota?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in North Dakota?
Yes. Discovery rule applies; clock starts when plaintiff discovers or reasonably should have discovered the injury with reasonable diligence
What if the victim was a minor?
North Dakota generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Written notice to Office of Management and Budget within 180 days of discovering injury (N.D. Cent. Code § 32-12.2-04)
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Sources
- Official N.D. Cent. Code Title 28 Ch. 01 (§ 28-01-16) — North Dakota Legislative Branch
- Corroborating North Dakota Personal Injury Laws and Statutes of Limitations — Nolo
- Corroborating North Dakota Statutes of Limitations — FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed North Dakota attorney.