If you’ve been injured in an accident, time is of the essence when it comes to pursuing legal action. North Dakota law imposes a statute of limitations, or a legal deadline, for filing personal injury claims. Missing this deadline can significantly affect your ability to seek compensation, making it crucial to understand the time frame and exceptions that may apply.
The General Statute of Limitations for Personal Injury
In North Dakota, the statute of limitations for most personal injury cases is six years from the date of the injury. You have six years to file a lawsuit against the person or entity responsible for your injuries. If you fail to take legal action within this time frame, your case will likely be dismissed, leaving you without recourse to recover damages.
This six-year rule applies to various types of personal injury cases, including:
- Car accidents
- Slip and fall injuries
- Medical malpractice (though this has additional specific rules)
- Product liability claims
It’s important to note that the clock typically starts ticking on the day the injury occurs. However, some exceptions might extend or shorten this time frame.
Exceptions to the Statute of Limitations
While six years is the standard, certain circumstances can alter the statute of limitations. Understanding these exceptions can help determine whether you still have time to file a claim:
Discovery Rule
Sometimes, the injury or its cause may not be immediately apparent. For instance, if a defective product caused harm over time, the statute of limitations may begin when you discover (or reasonably should have discovered) the injury and its link to negligence.
Injuries Involving Minors
If the injured party is under 18 at the time of the accident, the statute of limitations is paused until they turn 18. They then have six years from their 18th birthday to file a claim.
Government-Related Claims
If your injury involves a government entity (e.g., slipping on government-owned property), you may face additional notice requirements and shorter time frames. Consulting an attorney early is crucial in such cases.
Wrongful Death Claims
For wrongful death cases, North Dakota law sets a separate statute of limitations, which is typically two years from the date of death.
Why Acting Quickly Matters
Even with a generous six-year window, acting quickly after an injury is in your best interest. Evidence such as photos, witness statements, and medical records can degrade or become more challenging to obtain. Prompt action ensures a stronger case and avoids unnecessary complications.
At Pringle & Herigstad, we understand the importance of timely action and are here to guide you through every step of the process. From investigating your claim to negotiating with insurance companies or representing you in court, we ill work tirelessly to secure the compensation you deserve. Contact us today for a consultation.
