North Dakota Statute of Limitations

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.

Personal Injury Actions

These actions must be brought within two years of the date that the injury occurred.

Medical Malpractice Actions

Actions against health care providers must be filed within two years of the date that the act giving rise to the injury occurred or within two years of the date when the injury was, or should have been, discovered. In no event can a medical malpractice action be brought more than six years after the act giving rise to the injury occurred. The statute of limitations is extended in favor of minors, but the extension is limited to 12 years after the date of the act giving rise to the claim occurred.

Products Liability Actions

In most cases, a six-year statute of limitations applies.

Special Rules for Minors

Except in cases of professional malpractice, the statute of limitations does not extend more than one year after the minor’s 18th birthday.

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