Pain & Suffering: Medical Malpractice vs. Ordinary Injury
The damages cap and the clock both differ in North Dakota.
A cap on one
Ordinary injury claims have no cap on noneconomic damages. Malpractice claims are limited to $500,000 of noneconomic damages. Economic damages are not capped in either.
Two clocks
Most personal injury claims have six years under N.D.C.C. 28-01-16. Malpractice has two years under N.D.C.C. 28-01-18.
Same fault rules
Modified comparative fault applies to both, with a bar at 50%, and liability among defendants is several.
Public providers
If the provider is a government entity, notice is generally due within 180 days, and recovery is limited to $500,000 per person from July 1, 2026.
A local personal injury attorney can review your claim — many offer a free consultation.
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.