North Dakota Medical Malpractice Settlement Calculator
Estimate what a North Dakota medical malpractice claim might be worth. North Dakota caps non-economic (pain-and-suffering) damages at $500,000; $500,000 for wrongful death. Economic damages are not capped. This is an estimate to understand the factors — not a prediction or an offer.
A rough estimate, not a prediction or an offer.
Medical malpractice is one of the hardest claims to prove and value. This shows how North Dakota's damage cap and fault rule shape a rough range — actual outcomes depend on expert proof of the standard of care, the facts, and negotiation. Consult a North Dakota medical-malpractice attorney about your case.
North Dakota damage cap
North Dakota caps non-economic (pain-and-suffering) damages at $500,000; $500,000 for wrongful death. Economic damages are not capped.
Enter the medical bills and losses to see an estimated range
This estimator applies the multiplier method to your medical bills, then North Dakota's medical-malpractice damage cap and comparative-fault rule. It does not assess whether the provider actually breached the standard of care, which is the core of any med-mal case and requires expert testimony. Most states also require a pre-suit affidavit/certificate of merit and have a short, strict filing deadline. This is not legal advice and RecordingLaw.com is not a law firm.
North Dakota's Medical Malpractice Damage Cap
North Dakota caps non-economic (pain-and-suffering) damages at $500,000; $500,000 for wrongful death. Economic damages are not capped.
North Dakota caps noneconomic damages in health-care malpractice actions at $500,000 under N.D.C.C. § 32-42-02. The cap applies regardless of the number of health care providers or other defendants and regardless of the number of claims brought for the injury, and it applies to wrongful-death (loss to family) noneconomic recovery arising from malpractice. The jury may not be told of the limit; the court reduces any excess noneconomic award to $500,000. Economic damages are not capped. The cap is not inflation-indexed. The North Dakota Supreme Court has addressed but not struck the cap (e.g., Condon v. St. Alexius Medical Center, 2019, declining to invalidate it on the facts presented).
Source: N.D. Cent. Code § 32-42-02.
Deadline to File a North Dakota Malpractice Claim
North Dakota generally requires a medical-malpractice lawsuit to be filed within 2 years (the statute of limitations). N.D.C.C. § 28-01-18(3): 2 years from the date of the act/omission, with a discovery rule (2 years from when the injury was or should have been discovered). Statute of repose: no malpractice action may be brought more than 6 years after the act/omission, except for foreign objects (no repose bar) and fraudulent concealment. Minors and disability provisions toll the period. Miss the deadline and the claim is usually barred no matter how strong it is, so do not wait to talk to an attorney.
How the Estimate Works
No tool can predict a malpractice settlement. This estimator adds your economic damages (medical bills and lost wages, which are generally not capped), estimates pain and suffering with the multiplier method, then applies North Dakota's damage cap and comparative-fault rule. The hard part of any malpractice case — proving the provider breached the standard of care — is assumed here and must be established with expert testimony. Use the pain and suffering calculator to explore the non-economic piece, or read about what different injuries are worth.
Frequently Asked Questions
Does North Dakota cap medical malpractice damages?
North Dakota caps non-economic (pain-and-suffering) damages at $500,000; $500,000 for wrongful death. Economic damages are not capped.
How much is a North Dakota malpractice case worth?
No one can tell you a number in advance. A rough estimate adds your economic damages (medical bills, lost wages) and a pain-and-suffering multiplier, then applies North Dakota's damage cap and fault rule. The real value depends on proving the standard of care was breached, the facts, and negotiation — an attorney is the only way to value your specific case.
How long do I have to file in North Dakota?
Generally 2 years. N.D.C.C. § 28-01-18(3): 2 years from the date of the act/omission, with a discovery rule (2 years from when the injury was or should have been discovered). Statute of repose: no malpractice action may be brought more than 6 years after the act/omission, except for foreign objects (no repose bar) and fraudulent concealment. Minors and disability provisions toll the period.
Are economic damages capped?
In most cap states, no — caps usually apply only to non-economic (pain and suffering) damages, while medical bills and lost wages are recovered in full. A few states (like Indiana, Louisiana, Nebraska, New Mexico, and Virginia) cap total damages instead.
Is this calculator accurate?
It is a rough estimate to show the factors that drive value, especially the cap — not a prediction or an offer. Real malpractice settlements vary enormously and depend on expert proof. Treat any number here as a ballpark and consult a North Dakota malpractice attorney.
Disclaimer
This estimator is for general informational purposes only and is not legal advice or a prediction of any outcome. RecordingLaw.com is not a law firm. Medical-malpractice law, including damage caps, changes frequently and caps are often litigated; figures are current as of 2026-06-02. The value of a malpractice claim can only be assessed by a licensed attorney reviewing your specific facts and the medical record.