Wrongful Death Statute of Limitations in North Dakota
Last verified 2026-07 · Source: N.D. Cent. Code § 32-21-02 ✓ verified · 3 sources
The deadline
2 years
from date of death, under N.D. Cent. Code § 32-21-02.
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Under N.D. Cent. Code § 32-21-02, you have 2 years from date of death to file a wrongful death lawsuit in North Dakota. Miss it and you lose the right to sue — but several North Dakota-specific exceptions can extend (or shorten) that window, detailed below.
North Dakota Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Wrongful Death | 2 years | N.D. Cent. Code § 32-21-02 |
| 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) |
| Personal Injury | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| 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 wrongful death claims generally begins on date of death. North Dakota recognizes a discovery rule for this claim type: North Dakota courts recognize the discovery rule; the 2-year limitations period may be tolled when the plaintiff could not have discovered the wrongful act causing the death through 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: 180-day notice required under N.D. Cent. Code § 32-12.2-04 for claims against the state; claims against political subdivisions require notice under NDCC § 32-12.1-04
- Damage caps: No cap on compensatory wrongful death damages; punitive damages are capped at 2× the compensatory award or $250,000 (whichever is greater if compensatory exceeds $250,000) under NDCC § 32-03.2-11
Action must be brought by the personal representative of the decedent's estate under NDCC § 32-21-02. The 2-year SOL runs from the date of death. Chapter 32-21 of the ND Century Code governs all wrongful death claims. North Dakota follows a modified comparative fault system (51% bar rule) under NDCC § 32-03.2-02. Minority tolling under NDCC § 28-01-25 may extend the period when the decedent's minor heirs could not protect their interests.
Source: N.D. Cent. Code § 32-21-02, 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 | 2 years | N.D. Cent. Code § 32-21-02 |
| Minnesota | 3 yrs | Minn. Stat. § 573.02 |
| South Dakota | 3 yrs | SDCL § 21-5-3 |
| Montana | 3 yrs | Mont. Code Ann. § 27-2-204(2); § 27-1-513 |
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in North Dakota?
You have 2 years from date of death, under N.D. Cent. Code § 32-21-02.
Can I still sue after 2 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 wrongful death claims in North Dakota?
Yes. North Dakota courts recognize the discovery rule; the 2-year limitations period may be tolled when the plaintiff could not have discovered the wrongful act causing the death through 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?
180-day notice required under N.D. Cent. Code § 32-12.2-04 for claims against the state; claims against political subdivisions require notice under NDCC § 32-12.1-04
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Sources
- Official NDCC Chapter 32-21 – Death by Wrongful Act (North Dakota Legislative Branch)
- Corroborating Wrongful Death Lawsuits in North Dakota – Nolo
- Corroborating N.D. Cent. Code Chapter 32-21 – Death by Wrongful Act (Justia 2024)
- 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.