If you sustained an injury in an accident in North Dakota, the law may entitle you to pursue compensation via a personal injury claim. However, before you file, there are a few key pieces of information you must know.
From filing deadlines to injury caps, North Dakota has unique laws pertaining to personal injury claims. AllLaw covers the most important things you should know prior to filing a personal injury claim.
The statute of limitations on personal injury claims in ND
Perhaps one of the most important aspects of personal injury law with which you should familiarize yourself is the statute of limitations. The statute of limitations is the time limit in which you must file your claim before you lose the legal right to do so. The clock begins ticking either on the date of the accident or on the date on which you should have reasonably discovered your injury. In North Dakota, you have six years to file a court case for injuries and two years for wrongful death. If you miss the appropriate deadline, the courts may refuse to hear your case.
Personal injury damage caps
North Dakota is now one of several states that places a limit on how much in damages you may recover for a personal injury. The law limits your recovery of non-economic damages — also known as “pain and suffering” damages — to $500,000. If economic damages exceed $250,000, the courts may review them to ensure they are “reasonable.” This cap does not apply to all types of personal injury cases.
When parties share fault
In many accidents, two or more parties are at fault. To account for this, North Dakota adheres to a “modified comparative fault” theory. Per the modified comparative fault rule, you may recover damages so long as your assigned percentage of fault does not exceed 49%. Once it reaches 50%, you lose your right to recover compensation. The courts or insurers will reduce your award by the percentage of fault you assume.
If you hope to file a personal injury claim and recover the full amount of compensation for your damages, it is important that you understand North Dakota personal injury laws. A solid understanding can help you do what is necessary to file a successful claim.