If you were hurt in North Dakota by someone else's conduct, you generally have six years from the date of the injury to file a personal-injury lawsuit. The deadline comes from NDCC section 28-01-16, and the clock starts on the date the harm occurred. North Dakota's six-year window is among the longest in the country for general PI claims, but that length is exactly what makes it dangerous: claimants assume there is no urgency, and the much shorter government-notice deadlines run out long before the SOL.
The six-year number is the rule most North Dakota injury searches return. The biggest trap is the 180-day notice requirement for claims against state or political-subdivision defendants. The gap between a six-year SOL and a six-month notice is one of the largest in the country, and it ends Dakota cases that would otherwise be timely. This post walks through what the six-year SOL really means in 2026, where the exceptions are, and the fact patterns we see trip people up most.
The default North Dakota PI window: six years under NDCC 28-01-16
NDCC section 28-01-16 sets a six-year statute of limitations for actions for the recovery of damages for an injury to the person not arising on contract. It is the catch-all for the vast majority of North Dakota PI cases: car crashes, slip-and-falls, dog bites, premises liability, and most negligence claims.
The clock starts on the date the injury occurred. North Dakota recognizes a discovery rule for latent injuries in narrow circumstances: the limitation period begins to run when the plaintiff knew or should have known of the injury and its probable cause.
North Dakota is a no-fault auto-insurance state under NDCC chapter 26.1-41. PIP (basic no-fault) benefits pay for medical expenses and lost wages without regard to fault, and a tort claim against the at-fault driver requires meeting the no-fault threshold under NDCC 26.1-41-08 (serious and permanent injury, $2,500 in medical expenses, death, etc.).
Exception one: the long-SOL-versus-short-government-notice trap
If your injury involves a North Dakota government entity, the situation is treacherous because the SOL gap is enormous.
- State of North Dakota: NDCC chapter 32-12.2 (the State Tort Claims Act) requires written notice to the Office of Management and Budget within 180 days of the alleged injury. NDCC section 32-12.2-04.
- Political subdivisions (cities, counties, school districts): NDCC chapter 32-12.1 (the Political Subdivision Tort Claims Act) requires written notice within 180 days under NDCC section 32-12.1-04.
A claimant looking at six years of SOL might reasonably assume there is plenty of time. The government-notice deadline runs in six months. Miss it, and the case ends regardless of how much SOL is left.
The single most common North Dakota PI trap: a claimant injured by a city vehicle or on state property assumes the six-year SOL applies, contacts an attorney eight or ten months after the incident, and learns the 180-day government notice has already run. The six-year general SOL never matters; the notice was the live deadline.
Exception two: medical malpractice
North Dakota medical-malpractice claims run on a different schedule under NDCC section 28-01-18: a two-year SOL from the date of the act or, if discovered later, from the date of discovery, with a six-year statute of repose from the act for most cases. NDCC section 28-01-46 requires an expert affidavit within three months of the defendant's demand; failure to provide is grounds for dismissal.
Exception three: minors
NDCC section 28-01-25 tolls the SOL during minority for general PI claims. A child injured at age 10 has additional time after reaching the age of majority to file. The toll does NOT extend the 180-day government-notice deadline; treat the government notice as the operative limit and act within it regardless of the claimant's age.
What North Dakota's modified 50% comparative-fault rule means
North Dakota follows a modified comparative-fault rule with a 50% bar under NDCC section 32-03.2-02. A plaintiff less than 50% at fault recovers, reduced by the percentage of plaintiff fault. A plaintiff 50% or more at fault recovers nothing. (Note: 50%, not 51%, like Georgia.)
That 50% threshold is where North Dakota defense lawyers focus. Pushing fault from 49% to 50% ends the case.
A common North Dakota fact pattern that ends cases early
A pedestrian is struck by a city plow on a Fargo street in February. The pedestrian is treated and released, calls the city for damages, gets a "we'll look into it," and assumes the case is being processed. Seven months later, no resolution; the pedestrian retains an attorney; the attorney discovers the city was never given the 180-day written notice. The case is dismissed for failure of a prerequisite condition.
The takeaway: if any North Dakota government entity is potentially involved (state, city, county, school district, NDDOT), treat the 180-day government-notice deadline as the operative limit and act within it, not the six-year general SOL.
Other North Dakota-specific PI rules worth knowing
Dog bites. North Dakota follows common-law rules requiring proof of the owner's knowledge of viciousness, or strict liability for known dangerous dogs. Six-year SOL.
Wrongful death. Two-year SOL under NDCC section 28-01-18(4). Standing under NDCC section 32-21-03. The two-year window is much shorter than the general PI six-year window, a common point of confusion.
Premises liability and slip-and-fall. Six-year SOL. The 50% modified-comparative bar applies. North Dakota retains the traditional invitee/licensee/trespasser distinctions for duty.
Damage caps under tort claims acts. NDCC section 32-12.2-02 caps state-tort recovery at $250,000 per person and $1 million per occurrence. NDCC section 32-12.1-03 imposes similar caps for political subdivisions.
How the LawSensai Personal Injury Recovery Center helps with North Dakota matters
We built the Recovery Center to handle the day-one organizational work in a North Dakota PI case so that nothing falls through the cracks during the six-year window. We document the incident through a calm, save-and-resume intake, build a medical-and-evidence timeline, and surface every applicable deadline, including the 180-day state and political-subdivision notice, the two-year medmal SOL with expert affidavit, the two-year wrongful-death window, and the underlying NDCC 28-01-16 six-year window. When the matter is well-documented and ready, we route it to a verified personal-injury attorney licensed in North Dakota. Start your North Dakota intake here.
We are not a law firm and we do not give legal advice. We are the file-organization and deadline-surfacing layer that sits in front of a real attorney.
Personal injury statute of limitations in other states
Each state has its own SOL window, government-notice deadline, comparative-fault regime, and case-type quirks. The deep-dive posts here cover the highest-volume jurisdictions. The full LawSensai PI Recovery Center routes 50-state coverage at /personal-injury.
- Minnesota (6-year SOL, no-fault PIP)
- South Dakota (3-year SOL, slight-vs-gross)
- Missouri (5-year SOL, pure comparative)
- Iowa (2-year SOL, ITCA notice)
- Wisconsin (3-year SOL, WMSTA 120-day notice)
Informational only
LawSensai is not a law firm and does not provide legal advice. The information in this post is general and does not account for your specific facts. No attorney-client relationship is created by reading this post or by using the Personal Injury Recovery Center. Deadlines, exceptions, and procedural rules vary by case type and by the parties involved; verify your specific situation with a licensed attorney in North Dakota before relying on any window described here.
Last verified: 2026-06-03.