North Dakota Medical Malpractice Settlement Calculator
Estimate a medical malpractice settlement under North Dakota law. The calculator applies this jurisdiction's own comparative fault rule and damages ceilings, and every figure below is the one our verified data holds, with the statute behind it and the date we checked it.
What North Dakota law does to your claim
Four things in state law shape a malpractice claim: how long you have to file, what must happen before you file, what happens if you were partly at fault, and whether the state puts a ceiling on what a jury can award. Here is what we hold for this one.
North Dakota bars recovery if plaintiff is 50% or more at fault.
N.D.C.C. § 32-03.2-02·Source retrieved 2026-07-27
An affidavit with an admissible expert opinion, served on the defendant within three months of starting the action, or the action must be dismissed on motion. N.D. Cent. Code § 28-01-46 reads: “Any action for injury or death alleging professional negligence by a physician, nurse, hospital, or nursing, basic, or assisted living facility licensed by this state or by any other health care organization, including an ambulatory surgery center or group of physicians operating a clinic or outpatient care facility, must be dismissed without prejudice on motion unless the plaintiff serves upon the defendant an affidavit containing an admissible expert opinion to support a prima facie case of professional negligence within three months of the commencement of the action.” We read this section only, so it is not a complete list of what North Dakota requires before a suit.
N.D. Cent. Code § 28-01-46·Last reviewed 2026-10-16
None on record means our verified data holds no figure of this kind for this state. It is not a finding that no limit could apply to your claim.
What partial fault costs you in North Dakota
The same claim, fracture with surgery, several months of recovery, run through the calculator above four times, with nothing changed but the share of fault assigned to the claimant. The numbers are the engine's output, not an editorial claim about what these cases are worth.
One case, run through the calculator above four times with only the claimant's share of fault changed, under North Dakota law. No coverage ceiling is applied, because we would be inventing the at-fault party's policy. These shares illustrate the rule; they are not an estimate of your own fault.
Every North Dakota deadline we hold
A claim can be more than one kind of case, and the clock is different for each. These are the North Dakota periods in our verified data, with the statute behind each one. A deadline is the outside limit, never a target, and other rules can shorten it.
N.D.C.C. § 28-01-16(5)·Source retrieved 2026-07-27
Open the personal injury calculatorN.D.C.C. § 28-01-18(3)·Source retrieved 2026-07-27
Open the medical malpractice calculatorN.D.C.C. § 28-01-18(4)·Source retrieved 2026-07-27
Open the wrongful death calculatorN.D.C.C. 65-05-01·Last reviewed 2026-07-28
Open the workers compensation calculatorN.D.C.C. § 28-01-16(5)·Source retrieved 2026-07-27
Open the slip and fall calculatorNorth Dakota against the rest of the country
Every count below is read from our state-law data across all 51 jurisdictions, so it moves when the data does. What you will not find here is an average settlement figure: the only one we could compute is a model, and a model presented as a measurement is not a fact.
- 10 of the 51 jurisdictions we track apply modified comparative negligence with a 50% bar, and North Dakota is one of them.
- Its 2 years to file is the same as the most common deadline in the country, which 31 jurisdictions use. Across the 51 jurisdictions the deadline for this case type runs from 1 year to 4 years.
- We have read the official text of 26 jurisdictions' rules on what must come before a malpractice suit, and 25 of them require something: a notice to the provider, an expert's affidavit, certificate or opinion, or a review panel. North Dakota is one of them.
- 23 of the 51 jurisdictions limit medical malpractice non-economic damages in our data, and North Dakota is one of them at $500,000, so a large non-economic award can be reduced to it.
Comparisons are drawn from the legal levers that actually move a case value, not from closed-case data, which we do not hold. See the full methodology
North Dakota calculators
North Dakota Medical Malpractice questions
Every document behind our state injury law figures, each linked with the date we last read it, is listed on our State Injury Law research sources page.