Modified Comparative Negligence (50% Bar)
North Dakota follows modified comparative negligence with a 50% bar. If plaintiff is less than 50% at fault, damages are reduced proportionally. If plaintiff is 50% or more at fault, they cannot recover any damages.
No Cap
No limit on non-economic damages
6 years for personal injury
Deadline to file your lawsuit
North Dakota follows modified comparative negligence with a 50% bar. If plaintiff is less than 50% at fault, damages are reduced proportionally. If plaintiff is 50% or more at fault, they cannot recover any damages.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 50% or more at fault, they recover $0.
Additional research needed for specific cap amounts
$0
Based on reported cases in North Dakota
43,342
Personal injury lawsuits per year
North Dakota follows modified comparative negligence with a 50% bar rule. The Ohlhauser v. Kelderman (2000) case addressed liability standards for motor vehicle accidents.
North Dakota's oil boom in the Bakken formation has produced significant workplace injury litigation. Drilling accidents, trucking crashes, and oilfield injuries create complex liability cases.
The state's agricultural industry produces farm equipment accident and agricultural workplace injury cases.
North Dakota personal injury cases are filed in District Court, with 7 judicial districts. Cass County (Fargo) and Burleigh County (Bismarck) handle the most civil litigation.
North Dakota follows the North Dakota Rules of Civil Procedure. The state uses case management and scheduling orders.
North Dakota courts encourage mediation and settlement conferences. The state's small bar promotes collegial resolution.
North Dakota attorneys are licensed by the State Bar Association of North Dakota. The state's small legal community values relationships.
The North Dakota Trial Lawyers Association is the state's primary plaintiff attorney organization. Oil industry injury experience is particularly valuable.
Contingency fees typically range from 33-40%. North Dakota has no general damage caps on personal injury claims.
North Dakota's statute of limitations for personal injury is 6 years under N.D.C.C. § 28-01-16—one of the longest in the nation.
Medical malpractice has a 2-year statute of limitations. Claims against North Dakota government entities require compliance with the North Dakota Tort Claims Act.
This calculator provides estimates only and is not legal advice. Laws in North Dakota are complex and individual case results vary. Consult a licensed North Dakota attorney for advice specific to your case.