Whenever you suffer a personal injury due to another person’s negligence or wrongdoing, you have the legal right to seek compensation for your losses. However, you must file your claim within a specific timeline known as the statute of limitations; otherwise, you may forfeit your right to pursue legal action.
If you’re residing in North Dakota, it’s crucial to understand the statutes of limitations governing personal injury claims. This article will guide you through the relevant details you need to know.
Table of Contents
The Definition of Statute of Limitations
A statute of limitations refers to the time limit you have to file a lawsuit. Each state has its own limitations that govern different types of legal cases. The deadlines apply to both criminal and civil claims. If the time window expires, you may not access the court system to file a lawsuit or seek legal remedies.
Personal Injury Statutes of Limitations in North Dakota
Personal injury statutes of limitations in North Dakota vary depending on the specific type of claim. The state’s deadlines are entirely different from other states, so it’s crucial to understand the relevant laws. Generally, the statutes of limitations for personal injury claims in North Dakota include the following:
Two Years for Most Accidents
North Dakota Century Code 28-01-16(2) sets a two-year statute of limitations for most personal injury claims. This provision applies to most personal injury cases, including slip-and-falls, dog bites, motor vehicle accidents, and product liability claims. You have two years from the date of the accident or injury to file a claim, or you’ll lose your right to seek relief in court.
Three Years for Medical Malpractice
The statute of limitations for medical malpractice claims is three years in North Dakota, as under NDCC 28-01-18. That says that you have three years from the date of the injury to file a medical malpractice claim.
One Year for Libel, Slander, and Defamation
Under NDCC 28-01-18, you have one year to file a personal injury claim for defamation. Defamation includes libel and slander claims. In such cases, you only have one year to file a claim from the date you became aware or should have become aware of the defamatory statement.
Six Years for Contracts
If your personal injury claim arises from a breach of contract that caused you physical harm or damages, you have six years to file a claim. NDCC 28-01-16(5) outlines that the statute of limitations for such cases is six years from the date the breach occurred.
Why the Statutes of Limitations Are Important
As already mentioned, the statutes of limitations apply to all legal claims. They are crucial because they encourage prompt resolution of legal claims. In other words, they ensure that you file your claim within a reasonable period so that all parties involved have clear memories of the incident.
Another reason why the statute of limitations is important is that it protects defendants from endless litigation. After the time window expires, you can no longer file a lawsuit, and the defendant can move on with their life without the possibility of any further legal action.
Conclusion
When you’re involved in a personal injury case in North Dakota, understanding the statutes of limitations is essential. By knowing the deadlines for filing a lawsuit, you can make informed decisions about your case and avoid losing your right to seek justice. If you have any questions regarding North Dakota personal injury statutes of limitations, it’s advisable to consult a qualified attorney who specializes in personal injury law.