Severity and the Pain & Suffering Multiplier

A big multiplier means little in North Dakota if the no-fault threshold or the 50% bar stands in the way.

What moves the multiplier

  • Permanence. A fully healed fracture supports a lower multiplier than a lasting impairment.
  • Future treatment. Ongoing therapy, surgery or medication pushes toward the high end.
  • Disfigurement. Permanent visible changes tend to be valued more heavily.
  • Daily life. Documented loss of work, activity or family care strengthens the case.
  • Documentation. Records, a pain journal and photos make a higher multiplier easier to justify.

No ceiling in most cases

North Dakota has no statutory cap on compensatory damages other than the malpractice limit, so a jury decides the figure.

The no-fault gate

After a car accident, you can bring a fault-based claim only after your injury clears the statutory threshold: death, dismemberment, serious permanent disfigurement, permanent disability, a disability lasting more than 60 days, or medical expenses over $2,500.

The 50% bar

Your fault reduces the award in proportion, and at 50% or more recovery against the other driver is barred entirely. A claim worth $100,000 with you 30% at fault pays $70,000.

Several liability

Each defendant pays only its own percentage of fault, so a large multiplier against a defendant with a small share may not translate into a large check.

Injured in North Dakota?

A local personal injury attorney can review your claim — many offer a free consultation.

Talk to a North Dakota attorney

Official sources

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.