The state of North Dakota has applied the concept of modified comparative negligence to its fault laws to help individuals recover damages from catastrophic personal injury cases. Comparative negligence is a legal concept within the tort law in which the injured party seeks compensation from the party who caused the injury. In this type of case, the defendant will not likely need to compensate the plaintiff for injuries that were the result of negligence or carelessness.
Under the North Dakota Cent. Code § 32 – 03.2-02, the claimant's action will be barred if the fault either equals or exceeds the combined fault of other individuals. If you have suffered injury from another party's negligence, your first step should be to obtain legal guidance. There is a statute of limitations on how long you can take to file a claim or lawsuit for personal injury or wrongful death. Do not hesitate to take the first step in pursuing just compensation by calling us to discuss your situation.