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What Is the Statute of Limitations for Wrongful Death in North Dakota?

In North Dakota, the statute of limitations for wrongful death is generally 2 years under N.D.C.C. § 28-01-18(4).

2 YEARS
Wrongful Death · North Dakota
✓ Verified Checked Sep 2026

Wrongful death Deadlines in North Dakota

How long do you have to file a wrongful death claim in North Dakota?

In North Dakota, the statute of limitations for wrongful death is generally 2 years under N.D.C.C. § 28-01-18(4).

When does the clock start for wrongful death in North Dakota?

Two years, accruing at the date of death — or, where the death resulted from malpractice, at the time the malpractice was discovered.

Can the North Dakota deadline for wrongful death be extended?

The malpractice accrual carve-out is written into the subsection. Note the harsh arithmetic: an injured person gets six years, but if they die of those injuries their family gets two.

Is the deadline different if the claim is against the government in North Dakota?

Often, yes. State: notice within 180 days; municipality: 3 years under N.D.C.C. chs. 32-12.2, 32-12.1. Claims against the State or a state employee must be presented in writing to the Office of Management and Budget within 180 days of discovery of the injury, or one year where the injury resulted in death (N.D.C.C. ch. 32-12.2). Claims against a municipality or…

How does North Dakota compare to other states for wrongful death?

North Dakota's 2 years is in the middle of the range nationally. Across the 50 jurisdictions with a verified figure, the deadline for wrongful death ranges from 1 year to 3 years, and 2 years is the most common. Compare all states →

What Does Wrongful Death Cover?

Situations that typically fall under the wrongful death deadline in North Dakota:

01 Fatal vehicle or workplace accidents
02 Death from medical negligence
03 Death caused by a defective product
04 Death from criminal or intentional acts
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Other Filing Deadlines in North Dakota

Statutes of limitations have exceptions, and courts apply them to specific facts. This page states the general rule. A licensed North Dakota attorney can tell you the deadline that applies to your situation.
See every filing deadline in North Dakota, or compare wrongful death across all states.
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