North Dakota Personal Injury Settlement Calculator

North Dakota uses a strict 50% fault bar — an exact tie bars recovery entirely. Medical malpractice adds a flat $500,000 cap that a 2025 bill tried, and failed, to raise. Enter your numbers below for a real estimate.

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What is your claim worth?

Enter your actual costs, pick how serious the injury was, and tell us your own share of fault, if any.

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Estimated settlement range
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How this estimate is built

Your medical expenses and lost wages are your economic damages. We apply the multiplier method, the industry-standard approach, to estimate noneconomic damages — then check the result against North Dakota's malpractice cap, if it applies, and against the state's fault rule.

A strict 50% bar — an exact tie bars recovery

Under N.D.C.C. § 32-03.2-02, a claimant whose fault equals or exceeds the combined fault of everyone else involved recovers nothing at all. This is the stricter version of the modified comparative rule — a 50/50 split bars recovery entirely, unlike states that only bar recovery once fault exceeds 50%.

A flat $500,000 malpractice cap — not adjusted for inflation

North Dakota caps noneconomic damages in a medical malpractice claim at $500,000 under N.D.C.C. § 32-42-02. Unlike many states, this figure is flat and hasn't been adjusted for inflation since it was set in 1995 — following an earlier, broader $300,000 cap on all damages that the state's courts struck down as unconstitutional in 1978. Economic damages remain fully uncapped.

A 2025 attempt to raise the cap — and its failure

A bill introduced in the 2025 legislative session, House Bill 1349, would have raised the cap — as amended, to $1,000,000 (down from an original proposal of $3,000,000) — and would have eliminated the cap entirely in malpractice claims involving an unborn fetus. The bill failed on a House floor vote of 30 to 61 in February 2025. The $500,000 figure described above remains current law.

North Dakota settlement value — frequently asked questions

Does North Dakota bar recovery if you're exactly 50% at fault?

Yes. North Dakota uses a strict 50% bar — if your fault equals or exceeds the combined fault of all other parties, you recover nothing. Only fault below 50% allows a reduced recovery.

What is North Dakota's medical malpractice noneconomic damages cap?

$500,000, a flat figure set in 1995 under N.D.C.C. 32-42-02, with no inflation adjustment. Economic damages like medical bills and lost wages are not capped at all.

Did North Dakota recently try to raise this cap?

Yes — a 2025 bill, HB 1349, would have raised the cap to $1 million (amended down from an original $3 million proposal), but it failed in a House floor vote 30 to 61 in February 2025. The $500,000 cap remains in effect.

Is North Dakota a no-fault auto insurance state?

Yes, which affects how motor vehicle injury claims work alongside the state's fault-based tort system — most minor claims are handled through personal injury protection coverage rather than a fault-based lawsuit.

Is this North Dakota settlement value estimate a guarantee of what I'll receive?

No. It's an estimate based on the multiplier method commonly used across the industry. Actual settlements depend on liability, insurance policy limits, evidence, and negotiation, and can vary significantly.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on the multiplier method commonly used across the personal injury industry and N.D.C.C. §§ 32-03.2-02 and 32-42-02, verified per our methodology. Confirm what your specific claim is worth with a licensed North Dakota attorney before acting.