States With Caps on Wrongful Death Damages

By the FigureMyTax Editorial Team · How we calculate

North Dakota limits wrongful death damages through its general malpractice, exemplary and government rules.

No general cap

The jury gives damages proportionate to the injury resulting from the death, and the only statutory cap on compensatory damages is the malpractice limit.

Malpractice deaths

Noneconomic damages are limited to $500,000 in medical malpractice claims. Check how the cap applies to your claim.

Exemplary damages

Limited to the greater of twice compensatory damages or $250,000, and available only on clear and convincing proof of oppression, fraud or actual malice.

Government defendants

Recovery is limited to $500,000 per person and $2,000,000 per occurrence from July 1, 2026, with no punitive damages.

How other states compare

New Jersey and New York limit wrongful death recovery to pecuniary loss, while North Dakota allows companionship damages. Its main hurdles are the two-year deadline and the 50% bar.

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.