The state of North Dakota imposes deadlines for filing lawsuits on injured parties seeking compensation after an accident caused by someone else’s negligence.
Summary
- The purpose of the statute of limitations in North Dakota is to help maintain the efficiency of the legal system.
- Most personal injury cases in our state have a statute of limitations of six years.
- If you don’t file a lawsuit within six years from the date of your injury, you may not be eligible for compensation.
- There are exceptions to the statute of limitations and many misconceptions.
- An expert attorney will ensure you adhere to all time limits to get the money you deserve.
Suffering an injury in an accident caused by another’s negligence can lead to not only pain but also a lot of confusion. You’re unsure how to protect your rights and get your deserved compensation. While researching, you might run across some phrases you’re unfamiliar with, such as the statute of limitations in North Dakota.
This article will help you understand the statute of limitations in North Dakota personal injury cases and its importance. Sand Law attorneys can help you with all the legal jargon and complexities associated with taking action. Additionally, we will work to help you get the money you have coming.
If you would like to schedule a free evaluation of your case, please contact us online or give us a call at (701) 609-1510. Put your trust in our proven process and let our North Dakota personal injury lawyers advocate for you.
Understanding the Statute of Limitations in North Dakota
Think of the statute of limitations in North Dakota as a sort of deadline. The following sections will explain this deadline and why you need to know how it applies to your case.
Definition and Purpose of the Statute of Limitations
The statute of limitations is a legal concept that establishes the maximum period an accident victim can initiate legal action. It safeguards both plaintiffs and defendants, ensuring that victims file lawsuits while evidence is still available and witnesses’ memories are relatively fresh.
This legal time limit also eliminates the threat of indefinite litigation, promoting fairness and efficiency in the legal system.
General Time Frame for Personal Injury Cases in North Dakota
In North Dakota, the statute of limitations for personal injury cases typically ranges from two to six years according to the ND Century Code, depending on the nature of the injury and the circumstances surrounding the case.
Identifying the specific timeframe applicable to your situation is crucial. Please file within the prescribed period to avoid losing your right to pursue legal action.
The Significance of the Statute of Limitations in Legal Proceedings
The statute of limitations is a critical aspect of legal proceedings, shaping the timeline within which victims can seek compensation for injuries caused by another party’s negligence.
Beyond ensuring timely litigation, it encourages the fast resolution of disputes, preventing excessive delays of justice. If you’re considering filing a personal injury lawsuit in North Dakota, you must understand and adhere to the time limit that applies to your specific case.
Time Limits for Different Types of Personal Injury Cases
The time limits set by the statute of limitations can vary based on the type of personal injury case. The following is a quick look at some of the statutes of limitations for some of the more common personal injury cases:
- Personal injury – Six years
- Wrongful death – Two years
- Personal property damage – Six years
- Medical malpractice – Generally, the statute of limitations in North Dakota is two years from when the patient discovered their harm or should have reasonably discovered their injury. If a medical professional or hospital fraudulently prevented the discovery of the injury, the state can extend the statute of limitations up to six years.
Exceptions to the Statute of Limitations
While the statute of limitations establishes clear timeframes for legal actions, some exceptions may extend or modify these limits. One such exception is the “discovery rule,” which postpones the commencement of the statute of limitations until the injured party discovers or should have discovered the injury.
For example, suppose your doctor botched your surgery or a nurse made a critical mistake in the emergency room, but you didn’t develop complications until a year afterward. Since you didn’t know the provider harmed you, your statute of limitations will begin once you realize something was wrong.
In addition, the state may “toll,” or pause, the time limit in specific circumstances, such as when the injured party is a minor or has a legal disability.
Statute of Limitations for Claims Against the Government
Sometimes, the responsible party for your injuries is the State of North Dakota, or a government entity. For instance, the car accident involved a government vehicle or employee in the course of their duty. Bringing a claim against the government is subjected to special rules. It is not the same as suing a private citizen.
According to North Dakota laws, a personal injury lawsuit against the State must be brought within three years from the date you discovered the injury. Time starts running on the day you discovered the injury, or on the day you should have reasonably discovered it.
You must also file a notice within 180 days of the incident or discovery or injury, notifying the government entity of your claim. The notice of claim is made to the North Dakota Office of Management and Budget. It has to be in writing, and must detail the following:
- The time, place, and circumstances of your injury
- The particulars of any state employees known to have been involved, and
- the amount of compensation or relief you are demanding.
If the claim involves the death of a loved one as a result of the injury or incident, the notice may be filed by a personal representative, surviving spouse or close relatives. It is also important to note that the North Dakota Century Code limits the amount of compensation you can collect from the government.
To successfully prove liability of the state for actions of its employees requires legal expertise and experience, hence the need to hire a qualified North Dakota personal injury attorney. They will ensure you have concrete evidence to support your claim, and argue your case to get the compensation you deserve.
Common Misconceptions About the Statute of Limitations in North Dakota
Like most legal issues, there are several misconceptions regarding North Dakota’s statute of limitations. The following are some of the most common:
Misconception 1: The Timeline Starts from the Date of Injury Discovery
There are instances where the statute of limitations won’t start until someone realizes they’re hurt. But in most cases, the “clock” starts ticking from the date of the accident leading to the injury.
While there are many reasons to hire a personal injury attorney immediately, the statute of limitations in North Dakota is one of the biggest. The faster you get legal help, the more likely you can file a lawsuit long before time runs out. You need to speak with a lawyer even if you’re unsure of the severity of your injury.
Misconception 2: All Personal Injury Cases Have the Same Time Limit
Another misconception is assuming that the statute of limitations in North Dakota is the same for all personal injury cases. In reality, the time frame varies based on the case type and the injury’s nature. Understanding these nuances is critical if you’re planning a lawsuit.
Misconception 3: Filing a Lawsuit Stops the Clock on the Statute of Limitations
Filing a lawsuit doesn’t stop the clock on the statute of limitations. Once you file a lawsuit, there’s still a chance that the clock could run again. Your case still has to progress. If something happens to stop it or you or your attorney fail to meet deadlines, the statute of limitations could still run out.
Steps to Take Immediately After an Injury
After sustaining an injury, taking immediate action is essential for protecting your legal rights. Try to keep the following in mind to protect your rights and health.
- Seek medical attention promptly.
- Document the incident by taking photographs or videos with your phone.
- Gather witness contact information.
- Preserve any relevant evidence.
- Speak with a personal injury attorney immediately.
Compensation for North Dakota Personal Injury Lawsuits
In North Dakota, personal injury claims can result in various types of damages awarded to the injured party. These damages can be broadly categorized into economic and non-economic damages. Economic damages are monetary losses directly related to the injury. They include medical expenses, lost wages, and property damage.
Non-economic damages are intangible losses that cannot be easily quantified. They include pain and suffering, loss of enjoyment of life, and loss of consortium. Punitive damages may be awarded in exceptional cases where the defendant’s conduct was intentional or reckless.
The amount of damages awarded in a North Dakota personal injury case can vary significantly depending on whether it is a minor or catastrophic injury, the nature of the accident, and the evidence presented. It’s important to have a skilled attorney to help you calculate and pursue the full extent of your damages.
Consequences of Missing the Statute of Limitations Deadline
Missing the deadline imposed by the statute of limitations in North Dakota can have severe consequences. If the deadline elapses and you don’t file a lawsuit, you could lose the right to seek compensation forever. Courts are generally strict in enforcing these deadlines, so you must take timely and diligent legal action.
How a Personal Injury Attorney Can Help You Comply With the North Dakota Statute of Limitations
Understanding these legal deadlines is critical to ensure that your right to enforce your personal injury claim is protected. While you may find it challenging to calculate the legal timelines, how they apply to your claim and the exceptions, a qualified personal injury attorney has what it takes to help you comply with the law.
They will assess your case and determine the best way forward to secure the compensation you deserve. An experienced attorney will file the necessary legal paperwork on time, negotiate with the insurance companies, gather evidence and represent you in court if necessary.
A lawyer will also help to prove negligence of the other party for your personal injury claim to succeed. Getting in touch with your lawyer as soon as possible is highly advised to avoid missing the legal timelines to pursue your claim.
Contact an Experienced North Dakota Personal Injury Attorney
As you can see, the statute of limitations in North Dakota can profoundly impact your case. Getting in touch with an experienced personal injury attorney is critical to your chances of obtaining justice.
The lawyers with Sand Law will ensure compliance with time limits and pursue maximum compensation for your injuries. If someone else’s negligence harmed you or a loved one, don’t hesitate to call (701) 609-1510 or use our online form for a free consultation.
Frequently Asked Questions
Is North Dakota a no-fault state?
Yes. North Dakota is one of several no-fault insurance states in the U.S. This means that after a car accident, you can file a claim with your own insurance company for limited compensation, regardless of who caused the accident. Personal Injury Protection (PIP) is the primary type of coverage under the no-fault system, and it provides benefits for medical expenses and lost wages.
Will I get compensation if I am partially at-fault?
North Dakota follows a comparative negligence system. Therefore, you can get compensation even where you are at fault. However, you must be less than 50% at fault. The amount of damages you get will also be reduced based on your percentage of fault.
What factors will affect the settlement value of my personal injury case?
Several factors can affect the value of your claim, including the severity of your injuries, the amount of medical expenses you’ve incurred, other losses suffered, whether you were partially at fault for the accident, among others. A personal injury attorney can help you assess the approximate value of your claim after reviewing your case.
Do I need an attorney for my personal injury claim?
While it’s not strictly necessary to have an attorney to handle your personal injury claim, it’s highly recommended. An experienced personal injury attorney can help you go through the complex legal processes, gather critical evidence, negotiate with the insurance company for an out-of-court settlement, and represent your interests in court if necessary.
