How long do you have to sue after an injury in North Dakota?

Last checked November 8, 2026

In North Dakota you generally have 6 years from the date of your injury to file a lawsuit, under N.D. Cent. Code § 28-01-16(5). If a city, county or the state is responsible, the deadline can be much shorter: 180 days.

Calculate your deadline

North Dakota injury deadlines at a glance

SituationDeadlineLaw
Most injuries, including car accidents6 yearsN.D. Cent. Code § 28-01-16(5)
Wrongful death2 yearsN.D. Cent. Code § 28-01-18(4)
Claim against the government (Claims against the State)180 daysN.D. Cent. Code § 32-12.2-04(1)(a)
After the government claim3 years to sueN.D. Cent. Code § 32-12.1-10(1)

What the law says

“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 § 28-01-16(5)

“A person bringing a claim against the state or a state employee for an injury shall present to the director of the office of management and budget within one hundred eighty days after the alleged injury is discovered”

N.D. Cent. Code § 32-12.2-04(1)(a)

When does the clock start?

Usually on the day you were hurt. In North Dakota, N.D. Cent. Code § 28-01-16(5) sets the period. If an injury was discovered later, or the injured person is a minor, the date can change. Confirm it with a lawyer.

What does not stop the clock

Talking to an adjuster, having an open insurance claim or still being in treatment usually does not stop the deadline to sue. Filing the lawsuit on time or reaching a settlement does.

What happens if you miss it?

Usually the court dismisses the case and you lose the right to be paid, even if your claim is strong. That is why it helps to talk to a lawyer well before the date.

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Other states with the same deadline

Sources

  1. N.D. Cent. Code § 28-01-16(5), Official text, 2026-11-08
  2. N.D. Cent. Code § 28-01-18(4), Official text, 2026-11-08
  3. N.D. Cent. Code § 32-12.2-04(1)(a), Official text, 2026-11-08
  4. N.D. Cent. Code § 32-12.1-10(1), Official text, 2026-11-08

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