Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.
Detailed Answer
Under North Dakota law, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline is known as the statute of limitations. Missing this two-year window usually means the court will dismiss your case and you forfeit your right to pursue compensation.
The controlling statute reads:
N.D. Cent. Code § 28-01-18 — “An action for libel, slander, assault, battery, false imprisonment, or for an injury to the person or reputation… must be commenced within two years.”
Key exceptions and special rules can affect this deadline:
- Minor Plaintiffs: If the injured person is under 18 at the time of the accident, the two-year clock typically starts on their 18th birthday. N.D. Cent. Code § 28-01-17
- Discovery Rule: In rare cases involving hidden or latent injuries (for example, exposure to toxic chemicals), courts may allow you to file within two years of discovering the injury.
- Government Claims: If you’re suing the state or a local governmental entity, you often must file a written notice of claim within 120 days of the incident before you can file a lawsuit. See N.D. Cent. Code § 32-12.2-04.
Helpful Hints
- Mark Your Calendar: Note the accident date immediately and set a reminder well before the two-year deadline.
- Consult Early: Reach out to a personal injury attorney as soon as possible. Early action preserves evidence and witness statements.
- Document Everything: Keep thorough records of medical treatments, bills, and related expenses.
- Verify Exceptions: Ask about special rules if you’re under 18 or suing a government agency.
- Stay Informed: Familiarize yourself with the statute of limitations; proactive steps can save your claim.