Do I need a lawyer after a car accident in North Dakota?
Every rule below is quoted from North Dakota law or a state agency, with a link. Checked September 17, 2026.
The short answer
We can't tell you whether you need a lawyer. We can show you the North Dakota rules that usually decide it: how fault is split, how long you have, and how injury lawyers are allowed to charge. Many people with only car damage settle directly with the insurer. People with injuries, disputed fault or a claim near a deadline often talk to a lawyer first.
How fault changes your claim
If you were partly at fault
North Dakota uses modified comparative fault with a 50 percent bar. You can recover money as long as your fault is not as great as the combined fault of everyone else involved. Your award is reduced by your own percentage of fault.
“Contributory fault does not bar recovery in an action by any person to recover damages for death or injury to person or property unless the fault was as great as the combined fault of all other persons who contribute to the injury, but any damages allowed must be diminished in proportion to the amount of contributing fault attributable to the person recovering.”
When you can sue the other driver
You can only sue the other driver for pain and suffering if your injury results in death, dismemberment, serious and permanent disfigurement or disability lasting more than 60 days, or medical expenses over $2,500.
“"Serious injury" means an accidental bodily injury which results in death, dismemberment, serious and permanent disfigurement or disability beyond sixty days, or medical expenses in excess of two thousand five hundred dollars.”
How long you have
- 6 years
- to sue for injuriesN.D.C.C. 28-01-16(5)
- 6 years
- to sue for car or property damageN.D.C.C. 28-01-16(4)
- 2 years
- for a family to sue after a deathN.D.C.C. 28-01-18(4)
- 180 days (1 year for serious injury)
- to notify the government if a public vehicle or road was involvedN.D.C.C. 32-12.2-04
Deadline to sue for injuries
You have 6 years from the crash to file a lawsuit for your injuries. This is longer than most states.
“An action for criminal conversation or for any other injury to the person or rights of another not arising upon contract, when not otherwise expressly provided.”
If a government vehicle or road was involved
If a North Dakota state vehicle or state employee was involved, you must present a written notice of claim within 180 days after the injury is discovered or reasonably should have been discovered, or within one year if it is a serious injury as defined by the no fault law.
“A person bringing a claim against the state or a state employee for an injury shall present to the director of the office of management and budget within one hundred eighty days after the alleged injury is discovered or reasonably should have been discovered a written notice of the alleged claim”
How injury lawyers charge in North Dakota
Contingency fee rules
North Dakota does not set a specific percentage cap on personal injury contingency fees. A contingent fee is allowed as long as it is reasonable under the state's general rule for lawyer fees.
“A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law.”
Questions to ask any lawyer before you sign
- What percentage do you charge, and does it change if the case goes to trial?
- Who pays case costs like records and expert fees if we lose?
- Will you handle my case yourself, or pass it to someone else?
- How long do cases like mine usually take here?
- What is the deadline for my claim, and when will you file?
If the insurer is the problem
File a complaint with the state
File a complaint against an insurance company online with the North Dakota Insurance Department using its Consumer Complaint form, or request a paper form by phone or email.
“To file a complaint, please complete the online Consumer Complaint form.”
Sources on this page
Each one was opened and checked on September 17, 2026.
Know My Claim is not a law firm or a government agency, and this page is not legal advice. Laws change, so check the linked source before you rely on a deadline.