If you get hurt in an accident in North Dakota, you can ask for money to cover more than medical bills. Pain and suffering pays for the physical pain and emotional stress you live with after an injury. Courts and juries decide these amounts, since the amounts are not as clear as hospital bills. If you need help figuring this out, consider contacting a North Dakota personal injury lawyer.
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How North Dakota Handles Pain and Suffering
North Dakota treats pain and suffering as non-economic damages. These cover things that do not have neat bills: ongoing pain, lost enjoyment of life, and emotional harm. For most car crashes, slips, and falls, the state does not set a fixed cap on these awards. Medical malpractice cases do have a legal limit for non-economic awards, so check whether your case involves health care errors. A claim’s facts, witnesses, and paperwork all shape what a judge or jury will award.
Why Insurance Companies Resist Non-Economic Claims
Insurance companies work to protect their bottom line. They often minimize or deny requests for pain and suffering because these losses cannot be read from a receipt. When adjusters handle your file, they look for reasons to offer less money. They will point to gaps in treatment or to preexisting conditions to lower the value of your claim.
Examples Of Non-Economic Damages:
- Pain and suffering, including ongoing physical pain.
- Emotional distress, such as anxiety or depression.
- Loss of companionship or reduced ability to enjoy life.
- Scarring and reduced self-esteem.
Claims for these harms rely on testimony, medical notes, and how your life changed after the injury. Because the value depends on opinion, insurers prefer to settle for a low number or refuse payment. That is why plaintiffs often must take stronger steps to secure fair compensation.
Ways Pain and Suffering Can Be Calculated
There is no single formula for these damages in North Dakota. Lawyers and courts use a few common methods to reach a number. The choice of method depends on the type of injury and the proof in the file. Below are the most used approaches.
Multiplier Method
- Add your economic losses, such as medical bills and lost pay.
- Multiply that total by a factor (often between 1.5 and 5) that reflects injury severity.
- A higher multiplier applies for permanent injury or severe pain.
Per Diem Method
- Assign a daily dollar amount for your pain and multiply by the number of days you suffer.
- This works when people can show a clear recovery timeline or ongoing treatment.
Evidence-Based Approach
- Use medical records, expert reports, and testimony to build a fair number.
- Juries compare your life before and after the event to decide what feels just.
Attorneys often present more than one calculation to show a reasonable range. Judges and jurors then weigh credibility and reach a figure. Settlement talks can land at any point inside that range.
Statute Of Limitations For Personal Injury Lawsuits In North Dakota
Time matters when you plan legal action in this state. For most ordinary injury claims, North Dakota gives six years from the date of the injury to file a lawsuit. Some special categories, like certain health care claims, may have shorter time limits or different rules. If you live in Fargo or Bismarck or were injured near Minot or Williston, the same filing deadlines apply. Missing the deadline usually ends your right to recover, so taking steps early protects your case.
Can I Claim Pain and Suffering for a Minor Injury?
Many people wonder if they can ask for compensation when the injury seems small. North Dakota law allows pain and suffering claims even for minor injuries if they cause ongoing discomfort or emotional stress. What matters is proof: how the injury affects daily life, ability to work, or overall well-being. Minor injuries that heal quickly may still qualify if treatment is documented or if there are lingering effects. Photos, medical notes, and witness statements help show the impact of the injury. Even small claims require proper documentation to convince an insurer or court to award non-economic damages.
Contact a North Dakota Personal Injury Attorney Today
If you want full recovery for pain and suffering, you should act with clear information and solid documentation. A lawyer can help gather evidence and negotiate with insurers who downplay emotional and physical harms. You don’t have to face the process alone.
