Detailed Answer — What happens if you don’t settle your personal injury claim before the statute of limitations under North Dakota law?
Short answer: if you do not resolve your personal injury claim before the applicable statute of limitations runs, you generally lose the right to bring a lawsuit in court to recover money for that injury. Once the limitations period expires, the defendant can ask a court to dismiss your case as time‑barred, and you will usually be unable to obtain a judicial award for your past or future damages.
How this works in practice in North Dakota:
- Statute of limitations for most personal injury (tort) claims: North Dakota’s limitation rules set a deadline to file suit for injuries to the person. If you wait past that deadline, the defendant can raise the statute of limitations as a defense and ask the court to dismiss the case. See the North Dakota Century Code on limitation of actions: N.D.C.C. § 28‑01‑16 (statutory text and related sections).
- Filing a lawsuit protects your rights: settlement negotiations do not extend the filing deadline unless you and the defendant enter a written agreement that tolls (pauses) the limitations period. If settlement talks fail and the limitations period passes, you generally cannot start a lawsuit later to pursue the same personal injury claim.
- Consequences of missing the deadline: a court will normally dismiss an untimely claim. That dismissal is typically with prejudice, meaning you cannot refile the same claim. You will lose the ability to force discovery, take testimony, or obtain a judgment for medical bills, lost wages, pain and suffering, or other damages tied to that event.
Common exceptions and important qualifications (may apply in North Dakota):
- Tolling for minors or incapacity: if the injured person is a minor or legally incapacitated when the injury occurred, the limitations period may be tolled until the disability ends. That can extend the time to file suit.
- Discovery rule for latent injuries: if the injury was not and could not reasonably have been discovered right away (for example, some latent exposure injuries), the limitations period may start when the injured person discovered—or reasonably should have discovered—the injury and its cause.
- Fraudulent concealment or estoppel: if the defendant concealed the cause of injury or actively misled you in a way that prevented timely filing, a court may excuse lateness in limited circumstances.
- Claims against governmental entities: suits against the State of North Dakota or political subdivisions often require special pre‑suit notice and have shorter or different deadlines. Those separate rules are strict; failing to follow them can bar a claim even if the general statute of limitations has not run.
Practical example (hypothetical): Sarah was injured in a car crash on June 1, 2021. The applicable limitations period for her personal injury claim runs for a fixed number of years from the date of injury. If Sarah waits until July 2027 to sue and the statute of limitations is six years, the defendant can move to dismiss her complaint as untimely and she will likely be barred from obtaining compensation unless an exception applies (for example, if she was a minor at the time or the defendant committed a concealment).
What to do right now if the statute of limitations is approaching or has passed:
- Confirm the deadline: determine the exact date the statute of limitations expires for your claim. The clock often begins at the date of injury or the date you discovered the injury.
- File a complaint before the deadline: if you cannot settle and the deadline is approaching, file a lawsuit to preserve your rights. Even filing while settlement negotiations continue protects your ability to litigate later.
- Consider a tolling agreement: ask the defendant (or their insurer) to sign a written tolling agreement that pauses the statute of limitations while you negotiate. Do not rely on verbal assurances.
- Check for special rules: if the claim involves a government entity, medical malpractice, or a minor, get specific advice about different deadlines and notice requirements.
- Talk to a lawyer promptly: an attorney can calculate the deadline, advise whether any tolling or exceptions apply, prepare and file a complaint, or negotiate a tolling agreement.
Why settlement timing matters: insurers and defendants sometimes delay to hope a claimant misses the deadline. Filing suit or securing a written tolling agreement prevents such a tactic from stripping away your legal remedies.
Important statutory reference: see the North Dakota Century Code chapter on limitation of actions for the controlling statutory framework: N.D.C.C. § 28‑01‑16 (Limitation for actions for injuries to the person). For claims against government entities or special types of claims, consult the applicable North Dakota statutes and rules of civil procedure.
Disclaimer: This article explains general principles of North Dakota law and is for educational purposes only. It is not legal advice. Laws change and every case depends on its facts; consult a licensed North Dakota attorney promptly to protect your rights.
Helpful Hints — How to protect your personal injury claim
- Don’t rely on verbal promises to extend the deadline — get a written tolling agreement.
- If settlement isn’t reached, file a complaint before the statute of limitations expires.
- Keep careful records of medical treatment, bills, lost wages, and communications with insurers or the defendant.
- If the defendant is a government entity, immediately investigate whether special notice or shorter deadlines apply.
- Contact an attorney early — many firms offer free consultations and can calculate deadlines and possible exceptions quickly.
- If you were a minor at the time of injury, check whether the limitations period was tolled until you reached majority.
- Act promptly: waiting until the last minute increases the risk of missed filings or procedural mistakes.