Caps on Pain & Suffering Damages in North Dakota (2026)

By the FigureMyTax Editorial Team · How we calculate

North Dakota has one cap on compensatory damages, for medical malpractice, plus a limit on exemplary damages and on claims against the government.

The malpractice cap

The only statutory cap on compensatory damages in North Dakota applies to medical malpractice claims, where noneconomic damages are limited to $500,000. Economic damages are not capped.

No cap otherwise

Outside malpractice, North Dakota places no statutory cap on noneconomic damages. A court may review economic damages over $250,000 for reasonableness, which is a check on unsupported numbers rather than a hard cap.

Exemplary damages

Under the 2025 version of N.D.C.C. 32-03.2-11, exemplary damages may not exceed two times compensatory damages or $250,000, whichever is greater, and require clear and convincing evidence of oppression, fraud or actual malice. A complaint may not seek them at the start; a party must move to amend after filing.

Government defendants

House Bill 1142 (2025) schedules political subdivision and State liability limits that reach $500,000 per person and $2,000,000 per occurrence on July 1, 2026, with no punitive or exemplary damages.

Car accidents

North Dakota is a no-fault state. You can sue the at-fault driver only if you meet the tort threshold of more than $2,500 in medical expenses or serious and permanent disfigurement or disability lasting more than 60 days.

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.