Disclaimer: This information is for educational purposes and does not constitute legal advice.
Detailed Answer
Resolving an auto accident injury claim in North Dakota involves multiple steps. Timelines vary based on the accident’s complexity, injury severity, insurance coverage and court schedules. Some claims close in under a year; others take two years or more if litigation becomes necessary.
1. Statute of Limitations
You must file a lawsuit within two years from the date of your accident under N.D. Cent. Code § 28-01-16. View the statute: N.D. Cent. Code § 28-01-16.
2. Typical Phases and Timelines
- Medical Treatment & Records: 6–12 months until you reach maximum medical improvement.
- Demand Letter: Sent 2–4 weeks after medical records compile.
- Insurance Review & Negotiation: 1–3 months once you submit a demand.
- Lawsuit Filing: Must occur within two-year limit if settlement stalls.
- Discovery & Pretrial: 6–9 months for depositions, motions and expert reports.
- Trial & Judgment: Trial may last days; scheduling varies by court backlog.
3. Key Factors That Affect Timing
- Extent and complexity of injuries
- Disputed liability or contributory negligence claims
- Insurance policy limits and coverage disputes
- Availability and scheduling of medical experts
- Court calendars and local docket load
Helpful Hints
- Get prompt medical care and keep all records and bills.
- Note every symptom, expense and recovery milestone.
- Communicate in writing with your insurer and keep copies.
- Check statute deadlines early—file suit before the two-year cut-off.
- Discuss your case timeline with a qualified attorney.
- Consider mediation to speed up resolution and reduce costs.