Wrongful Death Deadline vs. Personal Injury Statute of Limitations

A North Dakota family has two years from the death, while an injured person would have had six.

Two years from death

A wrongful death claim must be filed within two years under N.D.C.C. 28-01-18.

Six years for injury

Most personal injury actions can be brought within six years of the injury under N.D.C.C. 28-01-16, so the family's window is much shorter than the injured person's.

Medical malpractice

Malpractice also has two years under N.D.C.C. 28-01-18.

Government defendants

Against the State, written notice is due within 180 days after the injury is discovered, and for a death claim the personal representative, surviving spouse or next of kin may present it within one year after the injury resulting in death. Serious injury claims get one year.

Injured in North Dakota?

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

Talk to a North Dakota attorney

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.