How to Calculate a Fair Settlement Value for Soft Tissue Injuries After a Motor Vehicle Accident in North Dakota

Disclaimer: This article is for educational purposes only. It is not legal advice. Consult a licensed attorney in North Dakota for guidance tailored to your situation.

1. Understand North Dakota’s Personal Injury Protection (PIP) Requirements

North Dakota mandates Personal Injury Protection (PIP) coverage for all vehicle policies. PIP pays up to $30,000 per person for medical expenses and lost wages, regardless of fault. It covers 80% of reasonable and necessary medical expenses and 60% of lost income.
NDCC § 26.1-41-02 through § 26.1-41-11

2. Itemize Your Economic Losses

• Medical Bills: Collect all bills, itemized receipts and explanation of benefits from your insurer.
• Out-of-Pocket Costs: Record co-pays, deductibles and travel expenses to medical appointments.
• Lost Wages: Provide employer statements showing days missed and normal pay.

3. Assess Non-Economic Damages (Pain and Suffering)

North Dakota caps non-economic recovery for minor (“soft tissue”) injuries unless you meet the serious-injury threshold in NDCC § 39-05-03.1. Soft tissue injuries alone rarely qualify. If you suffer a fracture, permanent scarring or significant disability, you may claim pain and suffering.

4. Use a Settlement Formula

Adjust these numbers to reflect your case facts:

  (A) Total Medical Expenses
+ (B) Out-of-Pocket Costs
+ (C) Lost Wages
+ (D) Multiplier for Pain & Suffering (1–1.5× medical bills if threshold met)
  = Fair Settlement Value
  

5. Negotiate with the Insurer

Submit a demand package that includes:

• Itemized economic losses and PIP explanation of benefits
• Medical records and physician statements
• Documentation showing whether the serious-injury threshold applies
• Clear demand letter with your calculation

6. Know When to Seek Legal Help

Insurance adjusters often undervalue soft tissue claims. If negotiations stall or you face complex threshold issues, consult a North Dakota personal injury attorney to protect your rights.

Helpful Hints

• Track every expense in a single folder or app.
• Photograph injuries and keep a daily pain journal.
• Obtain a written statement from your treating provider on functional limits.
• Request any available surveillance footage at the accident scene.
• Review your insurer’s PIP coverage details and limits.