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Statute of Limitations

What is commonly referred to as the "Statute of Limitations" is actually a series of North Dakota provisions setting time limits on when certain actions can be commenced.

In personal injury actions in North Dakota, we are primarily concerned with a 6-year time limit for most injuries (auto collision, slip and fall, etc.). The lawsuit must be started within 6 years of the injury.

In medical cases the time limit is 2 years. However, in most cases the time starts running when an individual knows or should have known there was an incident of medical negligence. Since an injury with medical negligence is not always known immediately after surgery or the procedure, it needs to be determined by a court whether an action is timely if brought more than 2 years after the procedure.

While the same rules apply to a minor (under 18) the time limit ordinarily does not begin until the minor reaches 18 years.

Cases for wrongful death also carry a time limit of 2 years from the death.

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