NOTE: North Dakota has not granted medical professionals immunity to malpractice claims amid the COVID-19 pandemic.
A statute of limitations is a state-mandated time limit for a plaintiff to file a lawsuit. These time limits typically start the day the act in question occurred and vary in length depending on the action that occurred. Statutes of limitations exist to put a cap on the length of time a person has to bring an action to court to ensure that the evidence is as fresh and reliable as possible.
If you aren’t sure which statute of limitations in North Dakota applies to your case, we can help, but keep in mind that the most accurate information will come from an experienced attorney, as the specific facts of your case may affect how the statutes of limitations apply.
What Is the Statute of Limitations in North Dakota?
The statute of limitations in North Dakota for the majority of civil actions is six years, but this time limit can vary widely depending on the type of case. For instance, wrongful death and medical malpractice cases have two-year limits, while personal injury, negligence, and product liability cases have six years.
What Is the North Dakota Statute of Limitations for Personal Injury and Negligence?
In North Dakota, the statute of limitations for personal injury claims is six years from the date of the incident that caused the injury.
“The following actions must be commenced within six years after the claim for relief has accrued: …
“5. An action for criminal conversation or for any other injury to the person or rights of another not arising upon contract, when not otherwise expressly provided.” (N.D. Cent. Code Ann. § 28-01-16)
Toxic Tort
5 Years
Toxic tort claims are covered by the same statute as negligence and personal injury cases.
North Dakota Wrongful Death Statute of Limitations
2 Years
“The following actions must be commenced within two years after the claim for relief has accrued: …
“4. An action for injuries done to the person of another, when death ensues from such injuries, and the claim for relief must be deemed to have accrued at the time of the death of the party injured; provided, however, that when death ensues as the result of malpractice, the claim for relief is deemed to have accrued at the time of the discovery of the malpractice. However, the limitation will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or hospital.” (N.D. Cent. Code Ann. § 28-01-18)
Statute of Limitations for Medical Malpractice Cases in North Dakota
2 Years
“Actions having two-year limitations …
“An action for the recovery of damages resulting from malpractice; provided, however, that the limitation of an action against a physician or licensed hospital will not be extended beyond six years of the act or omission of alleged malpractice by a nondiscovery thereof unless discovery was prevented by the fraudulent conduct of the physician or licensed hospital. This limitation is subject to the provisions of section 28-01-25.” (N.D. Cent Code §28-01-18(3))
The two-year statute of limitations governing a medical malpractice claim begins to run only when the plaintiff knows, or with reasonable diligence should know, of the injury, its cause, and the defendant’s possible negligence. (White v. Altru Health System 746 N.W.2d 173 N.D., 2008. March 20, 2008)
Malpractice (Other Professions)
Non-medical malpractice claims have a two-year limit with a discovery rule, but this rule only applies for six years unless discovery was prevented by the defendant’s conduct.
Products Liability
6 Years
“The following actions must be commenced within six years after the claim for relief has accrued: …
“5. An action for criminal conversation or for any other injury to the person or rights of another not arising upon contract, when not otherwise expressly provided.” (N.D. Cent. Code Ann. § 28-01-16)
“The claim for relief accrues when a reasonable person not suffering from disabilities would have been cognizant of facts placing a reasonable person on notice that a potential claim exists.” (BASF Corp. v. Symington, 512 N.W.2d 692, 695 (N.D. 1994))
“1. Except as provided in subsections 4 and 5, there may be no recovery of damages in a products liability action unless the injury, death, or property damage occurs within ten years of the date of initial purchase for use or consumption, or within eleven years of the date of manufacture of a product.” (N.D. Cent. Code Ann. § 28-01.3-08)
Fraud
6 Years
“Actions having six-year limitations. …
“An action for relief on the ground of fraud in all cases both at law and in equity, the claim for relief in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud.” (N.D. Cent. Code §28-01-16(6))
Child Sex Abuse
In North Dakota, someone who was sexually abused as a child has up to ten years from the discovery that they were sexually abused to pursue a civil lawsuit.
Asbestos Exposure
Victims of asbestos exposure have six years from discovery of their injuries to file a claim.
Municipal Liability/Sovereign Immunity
Claims against a municipality or municipal employee must be brought within three years. Claims against the state or a state employee must be presented in writing to the Office of Management and Budget within 180 days of discovery of the injury or one year of an injury resulting in death.
Discovery Rule
The discovery rule applies to most cases in North Dakota.
Comparative Negligence
Comparative negligence applies unless the plaintiff is 50% or more responsible.
Charitable Immunity
North Dakota does not offer charitable immunity.
Legal Disabilities
The statute of limitations for cases involving children, incompetents, and insane people runs from the end of their legal disability and cannot be extended more than five years. For cases involving children, the statute of limitations cannot be extended for more than one year after the child turns 18. For medical malpractice cases, the extension is limited to 12 years for cases involving a child.
Punitive Damages
Punitive damages are allowed, but clear and convincing evidence is necessary. Damages are capped at two times the compensatory damages or $250,000.
No-Fault Insurance
North Dakota is a no-fault state.
What Is the North Dakota Statute of Limitations for Criminal Cases?
| Felonies | Murder: None Sexual Abuse of Children: 21 years from the time of the abuse or three years from when it was reported to law enforcement Other Felonies: 3 years |
| Misdemeanors | 2 years |
| Crimes With Child Victims | If the victim is under 15 years old, the statute of limitations does not begin until the victim has reached 15. |
The North Dakota statute of limitations for criminal cases is usually much longer than those for civil claims. This is because courts do not want to put a short time limit on serious crimes in case the victim needs more time to feel comfortable coming forward.
Is DUI a Felony in North Dakota?
The first three DUIs in North Dakota are typically misdemeanors and carry fines of up to $3,000 and possible jail time of up to 360 days. However, after the third DUI or if there is an incident that leads to serious injury or death, it will be considered a felony.
Does North Dakota Extradite for Misdemeanors?
No. Misdemeanor warrants aren’t served outside of the state the crime was committed in.
Consumer Fraud Complaints
Direct consumer fraud complaints to the Consumer Protection Division of the state attorney general’s office online or by calling 1-800-472-2600.