North Dakota Statute of Limitations

Pennsylvania Statute of Limitations
In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

What are statutes of limitations? A statute is a common law legal system that sets forth the maximum time period after certain events such as a wrongful death that legal proceedings may be initiated.

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What is North Dakota’s statute of limitations?

• Negligence – 2 year statute of limitations for malpractice actions applies to loss of consortium claims arising out of alleged professional negligence; 6 year statute of limitations in section 28-01-16 for nonprofessional negligence applies to all tradespersons alike.
• Medical Malpractice – The medical malpractice two-year statute of limitations begins to run when the plaintiff knows, or with reasonable diligence should know, of his injury, its cause, and the defendant's possible negligence; provided however, that the limitation of an action against a physician or licensed hospital will not be extended beyond six years of the act or omission of alleged malpractice by a non-discovery thereof
• Product Liability – 6 year statute of limitations under this section applies to product liability actions based upon negligence or strict liability
• Wrongful Death – 2 years after date of death
• Survival - limitations that applies to an action which a person is entitled to bring also applies to that action when it is brought as a survival action by his representative upon his death. If, however, the applicable statute of limitations period expires subsequent to and within one year from the person's death, his representative may commence the action, pursuant to N.D. Cent. Code § 28-01-26, at any time within one year from his death.
  

Caps on Attorney Awards: None

Caps on Damages – North Dakota Statute of Limitations Laws

Medical Malpractice – North Dakota limits awards of noneconomic damages to $500,000.00. Awards of economic damages in excess of $250,000.00 are subject to review by the court.

Product Liability – $300,000 limitations on all damages

Pharmaceutical cases – $300,000 limitations on all damages

Special Rules for North Dakota Minors (minors tolling) - Except in cases of wrongful death, the statute of limitations on personal injury actions begins to run on the minor’s 18th birthday

Contact Our Wrongful Death Lawyers Today »

North Dakota Trial Lawyers Association
210 Collins Avenue
PO Box 365
Mandan, ND 58554
701-66303916
http://www.ndtla.com

North Dakota State Police
600 East Blvd, Dept. 504
Bismarck, ND 58505
701-328-2455
http://www.nd.gov/ndhp/