In North Dakota, “substantial bodily injury” is one of multiple types of injury classifications that may apply to a civil or criminal case. Substantial bodily injury refers to a physical injury that causes temporary but significant disfigurement, loss of function, or intense pain. It’s more serious than a minor scrape or bruise, but not as severe as a “serious bodily injury,” which typically involves long-term or life-threatening harm.
If you’ve been injured in a crash, an assault, or any other traumatic event, understanding how your injury is classified can make a big difference. That label—substantial bodily injury—doesn’t just describe what happened to you. It can affect the outcome of a criminal case, your ability to bring a civil lawsuit, and how much compensation you may be entitled to.
And you don’t have to figure this out on your own. A knowledgeable North Dakota criminal defense attorney can explain how the law applies to your situation and help you protect your rights moving forward.
How North Dakota Law Defines “Substantial Bodily Injury”
Under North Dakota law, substantial bodily injury falls in the middle ground between a minor injury and something life-threatening. It’s defined in N.D.C.C. § 12.1-01-04(30) as any injury that causes temporary but significant disfigurement or a temporary but substantial loss of function in a body part or organ.
In plain English, that might include:
- Severe bruising and swelling that limits how you move
- A broken bone that keeps you from walking or using your arm normally
- Losing consciousness, even briefly
- Temporarily losing your vision or hearing
- Needing surgery, or being left with noticeable scarring while you heal
This legal category matters because it helps determine how seriously an injury is treated, especially in criminal cases. It’s more serious than a typical bump, bruise, or sprain, but it doesn’t rise to the level of a “serious bodily injury,” which involves permanent damage or a risk of death. That middle ground can influence everything from the charges someone faces after an assault to the amount of compensation you might receive in a civil case.
How North Dakota Classifies Injuries
When you’ve been hurt, whether in a car crash, an assault, or some other traumatic event, the words the law uses to describe your injury can matter more than you’d think. In North Dakota, injury classifications play a big role in both civil claims and criminal charges. Here’s a simple breakdown of how those terms are used:
Bodily Injury
This is the baseline. It includes any physical pain, illness, or short-term physical limitation. Something like a sore neck after a fender bender or a sprained wrist from a fall would fall into this category. It hurts, and it may keep you off your feet for a day or two, but it usually doesn’t cause long-term disruption.
Substantial Bodily Injury
These injuries go a step further. They’re still temporary, but they significantly affect how your body functions or how you look. A broken arm that puts you out of work, a concussion that knocks you out cold, or facial bruising that leaves lasting marks for weeks—these are the kinds of harm that courts often treat as substantial.
Serious Bodily Injury
This is the most severe classification. It includes injuries that pose a real risk of death, lead to long-term disability, or involve major, lasting damage to your body. Examples include traumatic brain injuries, paralysis, or internal injuries that require extensive surgery or lead to permanent loss of function.
These categories have serious legal consequences. For example, under N.D.C.C. § 12.1-17-02, someone can only be charged with aggravated assault if the injury qualifies as serious bodily injury. In other words, how your injury is labeled could impact whether a charge is a misdemeanor or a felony, and whether you’re entitled to additional damages in a civil claim.
Does “Substantial Bodily Injury” Matter in a Personal Injury Case?
A finding of substantial bodily injury is not required to receive compensation after an accident. With that said, the more serious your injury, the more you may be entitled to recover, and that’s where the classification of substantial bodily injury becomes relevant. Additionally, a finding in a criminal case related to your civil case that you have sustained a substantial bodily injury may strengthen your case.
Talk to a North Dakota Criminal Defense or Injury Attorney Today
If you or someone you love has suffered substantial bodily injury, knowing how the law defines and handles that injury is just the beginning. Whether you’re dealing with the aftermath of a violent incident, a serious accident, or both, the right legal guidance can make all the difference.
You don’t have to navigate the court system or deal with insurance companies on your own. At Pringle & Herigstad, P.C., we’re here to answer your questions, protect your rights, and help you move forward. Schedule your free consultation today—we’re ready when you are.