North Dakota injury rights, deadlines, and help

This page covers North Dakota injury deadlines and what to do right now.

Are you in an emergency right now?

• Check yourself and others for injuries, breathing, and bleeding.
• Call 911 if anyone is hurt or the area is not safe.
• Get somewhere safe if you can do it safely.
• Get medical care even if you feel fine. Some injuries hide for days.
• This page is for after you are safe.

We are the injured person's advocate. We connect you with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves. Always free. Talk to an advocate. We usually reply within minutes, at most one business day.

Your deadlines at a glance

• Personal injury lawsuit: 6 years. North Dakota's statute of limitations (the legal deadline to file a lawsuit) generally gives you six years from the date of the injury. Source: N.D. Cent. Code Section 28-01-16(5) (statute text).
• Work injury, telling your employer: 7 days. For workers' compensation (the insurance system that pays for work injuries), notify your employer immediately, and absent good cause no later than seven days after the accident or after the injury became apparent. Source: N.D. Cent. Code Section 65-05-01.2 (statute text).
• Work injury, filing the formal claim: 1 year. The claim with Workforce Safety and Insurance (WSI, the state agency that runs workers' compensation) generally must be filed within one year after the injury, or two years after a death. The clock starts when a reasonable person knew or should have known the injury was work related and involved lost wages or medical treatment. Source: N.D. Cent. Code Section 65-05-01 (statute text).
• Hurt by a state agency: 180 days. Claims against the state generally require written notice to the director of the Office of Management and Budget within 180 days after the injury is or should have been discovered, with one year allowed for a serious injury. Suits against cities and counties generally follow a three-year limit with no separate short notice rule. Source: N.D. Cent. Code Section 32-12.2-04 (statute text).

Warning: don't wait! The 6-year lawsuit clock is a trap. It looks generous, but the 7-day work-injury notice and the 1-year WSI claim are among the shortest in the country, so people relax and waiting kills cases. The longer you wait, the fuzzier memories get and documents get lost. Collect and save what you can, then talk to an advocate immediately. And important: medical claims can have different, often shorter deadlines. Do not assume the standard rule covers a hospital or doctor case.

Protect your case

1. Talk to an advocate at WeHelpInjured. It is free. Talk to an advocate.
2. Report the injury in writing. If it happened at work, tell your employer the same day if you can. Seven days goes by fast.
3. Save evidence. Take photos, keep receipts, write down names of witnesses, and keep every medical paper.
4. Write down the date of the injury and count your deadlines from it. Put them on a calendar.

Never do these

• Never give a recorded statement to an insurance company, even your own. Talk to an advocate first.
• Never sign anything from an insurance company, or accept a settlement offer, before you talk to an advocate. Once you sign, you may not be able to undo it.
• Never admit fault at the scene. Stick to facts only.
• Never post about your injury or recovery on social media. Insurers use these posts against you.

Common situations in North Dakota

Hurt at work

Telling your employer and filing the formal claim are two different steps. The seven-day notice to your employer comes first. The one-year claim with WSI is a separate filing, and it is short compared to most states.

Many people report the injury, feel okay for a while, and let the WSI clock slip past. Do not guess about where you stand. Get help reading your own timeline.

Hurt on the road

North Dakota uses modified comparative fault (a fault-sharing rule). Your recovery is reduced by your share of fault, and you are barred entirely if your fault is as great as the combined fault of everyone else. In plain words, at 50 percent fault you recover nothing. Source: N.D. Cent. Code Section 32-03.2-02 (statute text).

Insurers may push a high fault number onto you, so document everything.

Hurt on someone's property, including dog bites

North Dakota has no dog-bite statute. Courts apply the older common-law rules, which generally require showing the owner knew the dog was dangerous, or that the owner was negligent. Source: Sendelbach v. Grad (case). Evidence about the dog's history matters a lot, so gather it early.

Talk to an advocate. You do not have to sort out North Dakota's deadlines alone.

What we can help with

We are the injured person's advocate. We are on your side, and our help is always free to you.

• We listen to what happened and help you make sense of it.
• We explain your rights and deadlines in plain words.
• We explain what to report, what to save, and what to ask.
• We help you connect with a lawyer who handles cases like yours, so you get the full settlement your recovery deserves.
• We never take money from injured people.

Talk to an advocate. If you or someone you love was hurt in North Dakota, you do not have to figure this out alone. Start the form or open the chat.

Sources

• N.D. Cent. Code ch. 28-01 (personal injury limit)
• N.D. Cent. Code ch. 65-05 (workers' comp notice and claim)
• N.D. Cent. Code ch. 32-12.2 (claims against the state)
• N.D. Cent. Code ch. 32-03.2 (comparative fault)
• Sendelbach v. Grad (dog-bite rule)

Last reviewed: 2026-08-17

This is general information, not legal advice. Deadlines can change or vary with the facts. A licensed attorney can confirm the rule for your situation.