North Dakota Serious Injury Threshold: The $2,500 Test and Four Injuries

By the FigureMyTax Editorial Team · How we calculate

In North Dakota you may recover noneconomic loss from a secured person only if your injury is a serious injury: it results in death, dismemberment, serious and permanent disfigurement, or disability beyond sixty days, or your medical expenses exceed $2,500.

The definition

N.D.C.C. 26.1-41-01 defines serious injury as an accidental bodily injury which results in death, dismemberment, serious and permanent disfigurement or disability beyond sixty days, or medical expenses in excess of $2,500. Disability means the inability to engage in substantially all of the injured person's usual and customary daily activities.

Free or discounted care

A person furnished medical or related services without charge, or at less than the usual and customary charge for the service in the state, is deemed to have sustained a serious injury if a court determines that the usual and customary value of the services exceeds $2,500.

What noneconomic loss is

Noneconomic loss means pain, suffering, inconvenience and other nonpecuniary damage recoverable under North Dakota tort law.

Fault and deadlines

Contributory fault does not bar recovery unless it was as great as the combined fault of all other persons who contributed to the injury, and damages are reduced in proportion (N.D.C.C. 32-03.2-02), so a share of 50 percent or more bars a claim against one other party. An action for any other injury to the person not arising on contract must be commenced within six years (28-01-16). See North Dakota comparative negligence and North Dakota statute of limitations.

Using the calculator

The North Dakota no-fault calculator tests the $2,500 line and each injury and combines benefits with your claim. For how non-economic damages are valued, see North Dakota pain and suffering and economic vs. non-economic damages.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how North Dakota's rules apply to your specific case with a licensed North Dakota attorney.