Being injured in an accident in North Dakota can bring a lot of confusion and uncertainty. Whether you’re hurt in a vehicle crash on icy roads or in a workplace incident, it’s important to understand your legal rights and the resources available to help you recover. Below are answers to common questions that victims and their families often ask after an injury or wrongful death in North Dakota.

How long do I have to file a personal injury claim in North Dakota?

You generally have six years from the date of the accident to file a personal injury claim in North Dakota. For wrongful death cases, the time limit is two years from the date of death. These timeframes are known as statutes of limitations. Filing early ensures your evidence is preserved and your case stays valid.

What should I do right after an accident?

First, seek medical attention immediately, even if your injuries seem minor. Call law enforcement to report the incident and gather details from any witnesses. If possible, take photos of the scene and your injuries. Keep a file of all related documents, such as medical records and repair estimates.

Is North Dakota a no-fault or at-fault state?

North Dakota is a no-fault state when it comes to car accidents. That means your own insurance will cover your medical expenses and certain other losses, no matter who caused the accident. However, if your injuries are serious or exceed a specific threshold, you may be able to sue the at-fault party.

Can I still recover compensation if I was partially at fault?

Yes. North Dakota follows a modified comparative fault rule with a 50 percent bar. If you were 49 percent or less at fault for the accident, you can still recover damages. Your compensation will be reduced by your percentage of fault, but you cannot recover anything if you were 50 percent or more at fault.

How do I obtain a copy of a police report?

You can request a police report from the law enforcement agency that responded to your accident or through the North Dakota Department of Transportation. Visit https://www.dot.nd.gov for details. Be prepared to provide the crash date, location, and names of the individuals involved.

What types of damages are available in a personal injury case?

You may be entitled to compensation for medical bills, lost wages, property damage, pain and suffering, and emotional distress. In serious injury cases, you might also receive damages for long-term care or lost future earnings. A lawyer can help determine the full value of your claim.

What if the at-fault driver doesn’t have insurance?

If the other driver has no insurance or not enough to cover your losses, your own uninsured or underinsured motorist coverage may apply. This type of coverage helps pay for your injuries and related expenses. It’s a good idea to review your policy to see what protection you have.

What happens if I’m injured on someone else’s property?

If you slipped, tripped, or were injured due to unsafe conditions on private or public property, you may have a premises liability case. The property owner may be held responsible if they failed to fix a known hazard or warn you about it. Proving negligence is key in these claims.

Who can file a wrongful death claim in North Dakota?

A wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. The compensation awarded may benefit close family members such as a spouse, children, or parents. The claim must be filed within two years of the person’s death.

What resources are available for accident victims in North Dakota?

North Dakota residents may qualify for programs like Medicaid, SNAP, or temporary assistance for needy families (TANF). Victims of crimes may also receive help from the North Dakota Crime Victims Compensation Fund. These resources can assist with medical costs, lost wages, and counseling services.

What if a child is injured in an accident?

If a child is hurt, their parent or guardian can file a personal injury claim on their behalf. Compensation may include coverage for current and future medical expenses, emotional trauma, and long-term impact. Although minors may have extra time to file, acting quickly helps preserve key evidence.

Should I speak to the insurance company before hiring a lawyer?

You can, but it’s wise to be cautious. Insurance adjusters may try to settle your claim for less than it’s worth or get you to make statements that hurt your case. A personal injury attorney can protect your interests and handle negotiations on your behalf.

Do I need a lawyer for my injury claim?

While you’re not legally required to hire a lawyer, doing so can increase your chances of a successful outcome. A lawyer can help you understand your rights, collect evidence, and fight for fair compensation. Most personal injury attorneys offer free consultations and work on a contingency fee basis.