Lost Wages in a North Dakota Personal Injury Claim
If an injury caused by another party's negligence forced you out of work in North Dakota, you can recover lost wages and future earning capacity as part of your claim. Here is exactly how to document, calculate, and recover your income losses.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (50% bar)
Fault System
6 years
Filing Deadline
No-Fault
Auto System
What Lost Wages You Can Recover in North Dakota
Past Lost Wages
All income you lost from the date of the accident through settlement or verdict — including salary, hourly wages, tips, commissions, bonuses, and self-employment income.
Future Lost Earnings
If your injury causes permanent or long-term disability affecting your ability to work, you can recover the present value of future income losses. Expert economic testimony is typically required.
Lost Business Income
Self-employed individuals and business owners can claim documented lost profits caused by their inability to work.
Benefits & PTO Used
Sick days, vacation days, and other benefits consumed due to your injury may be recoverable as lost wages.
No-Fault vs At-Fault in North Dakota
North Dakota Injury Law
North Dakota combines mandatory no-fault PIP insurance with a modified comparative fault system featuring a 50% bar. The state's 6-year statute of limitations is among the most generous in the country. North Dakota's oil and gas industry in the Bakken Formation generates significant workplace injury and environmental claim litigation. Agricultural equipment accidents and rural road collisions are common injury claim types. North Dakota has no general cap on compensatory damages for most personal injury cases. North Dakota law does not specifically cap punitive damages, though courts apply common law standards for proportionality. Medical malpractice claims are subject to a 2-year statute of limitations under N.D.C.C. § 28-01-18. Claims against government entities require compliance with the North Dakota Tort Claims Act. North Dakota workers' compensation is administered through the Workforce Safety & Insurance system, which provides exclusive remedy for most work-related injuries.