Statute of Limitations for General Personal Injury / Negligence in North Dakota

Overview

Run this scenario in DocketMath using the Statute Of Limitations calculator.

North Dakota generally requires most general personal injury and negligence claims to be filed within 2 years under N.D.C.C. § 28-01-18.

This timing rule is important because the “statute of limitations” creates a filing deadline set by law. If the deadline is missed, the case can be dismissed even if the underlying facts are strong. DocketMath’s statute-of-limitations calculator helps you turn the legal deadline into a practical date range by pairing the limitation period with the date your claim accrues (explained below).

Limitation period

2 years is the core limitation period for most general negligence/personal injury claims in North Dakota: N.D.C.C. § 28-01-18.

What “2 years” means in practice

In real case review, courts typically focus on two related concepts:

• When the claim accrued (often tied to the date of injury, but sometimes tied to when harm is discovered or otherwise recognized under the applicable legal theory).
• How long you have after accrual to file (here, generally about 24 months).

Because accrual can be fact-sensitive, the deadline is not always as simple as “injury date + 2 years.” Two common variables are:

• Accrual timing

  • In many personal injury cases, accrual tracks when the injury happened.
  • In some contexts, the start date may be later if a discovery-related accrual concept applies.
• Tolling

  • “Tolling” pauses or extends the deadline when the law recognizes a reason the clock should not run the same way (for example, certain disability/minority situations, where recognized).

Common timeline choices you’ll see in case review

When you use the calculator, the inputs you enter will determine the output. Typically, you’ll supply:

• Date of injury/incident (or first date of harm)
• Date you discovered the injury (if you’re treating the scenario as discovery-based accrual)
• Tolling-relevant status, if applicable (for example, a legally recognized disability/minority status, where recognized)

The calculator’s results change because the computed deadline is driven by the accrual date and whether tolling applies to extend the running time.

Key exceptions

The general 2-year rule is not the only timing issue that can matter. Several “exception-style” factors can shift the deadline—sometimes significantly.

1) Accrual and discovery-based variations

Even within general personal injury categories, the start of the limitations period is not always one fixed calendar event. Depending on the claim’s legal theory:

• If a discovery-related concept applies, the clock may start when the plaintiff knew or reasonably should have known of the injury and the basis for the claim.
• If it doesn’t apply, the clock more often starts from the date of injury/incident.

DocketMath’s calculator is designed so you can compare scenarios—for example, using an incident date as accrual versus using a discovery date—so you can see how sensitive the deadline is to the accrual assumption.

2) Tolling for disability/minority-type situations (where recognized)

North Dakota law includes tolling concepts that may extend deadlines when the claimant is under a legally recognized disability. In those scenarios:

• The limitation period may be paused during the disability.
• After the tolling condition ends, the clock may resume (typically leaving remaining time).

Because tolling rules can be jurisdiction-specific and fact-specific, it’s important to match the tool inputs to the circumstances that actually apply.

3) Different deadlines for different claim types

The 2-year limitation period in N.D.C.C. § 28-01-18 is the general negligence/personal injury rule. But other common claim types may have separate statutes of limitation or special rules, such as:

• Wrongful death
• Medical malpractice
• Certain statutory claims
• Certain contract-related claims
• Property damage claims (which may fall under different chapters and timelines)

If your facts fit one of these categories, relying on the general 2-year rule could produce an incorrect filing deadline. When in doubt, use the calculator for general claims and verify whether the specific claim type uses a different limitation period.

Pitfall to avoid: Using “injury date + 2 years” as your only method can lead to a deadline error if accrual is delayed or if tolling applies. Align the calculator inputs with the accrual rule and any tolling that could apply.

Statute citation

The general statute of limitations for negligence and personal injury in North Dakota is:

• N.D.C.C. § 28-01-18 — 2-year limitation period for injuries to the person (general negligence/personal injury framework)

When calculating the filing deadline, the key question is often not only “Which statute?” but also when the claim accrues under the applicable legal theory. Accrual timing and any tolling can shift both the start date and the final filing deadline.

Use the calculator

Use DocketMath to convert North Dakota’s statutory deadline into a concrete filing window.

Step-by-step: inputs that change the output

1. Select jurisdiction: North Dakota (US-ND).
2. Choose the claim basis: general personal injury / negligence (so the tool applies the N.D.C.C. § 28-01-18 framework).
3. Enter relevant date(s):

   • Accrual date (the date you believe the claim started running)
   • If you’re considering a discovery-based accrual structure, you may use the discovery date instead (depending on how the tool models the scenario)
4. Add tolling information (if applicable):

   • If you believe a legally recognized disability/minority tolling situation applies, enter the tolling dates or status fields available in the tool.
5. Review the output:

   • The calculator will compute a latest filing date (and often an earlier reference date such as when the limitation period begins).

How the “latest filing date” changes

A practical way to think about the output:

• Later accrual date → later deadline
• Tolling that pauses the clock → later deadline
• Earlier accrual date or no tolling → earlier deadline

Run multiple scenarios when you’re unsure

If you’re not confident about accrual timing, run more than one:

• Scenario A: accrual = incident/injury date
• Scenario B: accrual = discovery date
• Scenario C: accrual = incident date, but tolling applies (only if supported by the facts)

Primary CTA

Start your calculation here: /tools/statute-of-limitations

Sources and references

Start with the primary authority for North Dakota and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

• N.D. Cent. Code § 28-01-18

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator