The crash happened in February on a stretch of Highway 2 outside Devils Lake. Three months later, you are still doing physical therapy, still fighting with the adjuster, and the word “lawsuit” feels like a cliff edge. The good news is most personal injury cases in North Dakota never see a jury. Research by the U.S. Department of Justice’s Bureau of Justice Statistics has found that only a small fraction of tort claims reach trial, with most resolving through negotiation, mediation, or settlement, often before a lawsuit is even filed. A North Dakota personal injury attorney at Pringle & Herigstad, PC can prepare your case as if it will go to court while doing the work that lets it settle without one.
How Many North Dakota Personal Injury Cases Actually Go to Trial?
Trial is the exception, not the rule. A Bureau of Justice Statistics study of tort cases in the nation’s 75 largest counties found that only about three percent of tort cases were resolved by trial.The rest of the cases were settled, dismissed, or withdrawn, with settlement being by far the most common outcome. This figure comes from BJS’s Civil Justice Survey of State Courts; no comprehensive national update has been published since 2005, but the finding remains the most authoritative data available on the question.
North Dakota mirrors this national pattern. Litigation here resolves overwhelmingly through settlement rather than trial. Insurance companies, plaintiffs, and defense attorneys all have strong incentives to avoid the cost, delay, and uncertainty of a verdict.
That said, settling is not the same as giving up. A strong settlement requires the same investigation, expert input, and legal pressure that a trial would. Cases settle because both sides have done the work and can predict roughly what a jury would do. If your attorney does not prepare for trial, the insurer has no reason to offer fair value.
When Does a Personal Injury Case Actually Go to Court in North Dakota?
A case is more likely to require trial when:
- Liability is genuinely disputed and the parties cannot agree on who caused the injury
- Damages are catastrophic and the insurer refuses to offer a number that reflects future medical costs and lost earning capacity
- There is a serious dispute over comparative fault, especially given North Dakota’s 50 percent bar
- Multiple defendants point fingers at each other and no one will accept full responsibility
- Bad faith conduct by the insurer turns negotiation into stonewalling
Even in those cases, settlement remains possible at any point, including during trial. Many cases settle on the courthouse steps after a final round of pretrial motions clarifies the risk for both sides.
What Are the Stages of a North Dakota Personal Injury Case?
Whether or not your case ultimately reaches trial, it generally moves through these stages:
- Investigation and demand. Your attorney gathers evidence, medical records, and expert opinions, then sends a demand letter to the at-fault insurer.
- Pre-suit negotiation. Many cases settle here, especially when liability is clear and damages are well documented.
- Filing the lawsuit. If negotiations stall, your attorney files a complaint in North Dakota District Court, the state’s general jurisdiction trial court.
- Discovery. Both sides exchange written questions, documents, and sworn deposition testimony. Most cases that reach this stage settle before trial.
- Mediation. A neutral third party helps the parties find common ground. Under North Dakota Court Rule 8.8, all parties to a civil lawsuit must formally discuss ADR participation and certify that discussion to the court, though actual participation in mediation or arbitration remains voluntary.
- Trial. If settlement fails, the case is presented to a judge or jury. Verdicts can be appealed to the North Dakota Supreme Court.
Understanding these stages helps you know what to expect and when to be patient versus when to push forward. Having an experienced trial attorney guide you through each phase maximizes your recovery.
Is It Better to Settle or Go to Trial?
Settling has real advantages. It is faster, more private, and the outcome is certain. You know exactly what you will receive and when. Trial offers the chance of a higher recovery, but it also carries the risk of a smaller verdict or none at all, plus the time and expense of a contested case.
There is no universally right answer. The question is whether the latest offer reflects the full value of your past and future losses given the strengths and weaknesses of the case. An experienced attorney can run that calculation honestly, factor in North Dakota’s comparative fault rules, and recommend either acceptance or trial based on your specific facts.
How Long Do You Have to File a Personal Injury Lawsuit in North Dakota?
Under North Dakota Century Code § 28-01-16(5), most personal injury claims must be filed within six years of the injury date. Wrongful death claims generally have a two-year deadline. Claims against state or local government carry shorter notice and filing windows. Claims against the state require written notice to the North Dakota Office of Management and Budget within 180 days, and a three-year filing deadline, significantly shorter than the standard six years.
Missing a deadline almost always ends the case, no matter how strong the underlying facts.
Six years sounds like plenty of time, but evidence does not last that long. Surveillance footage gets overwritten, witnesses move, and medical records are easier to obtain when the case is fresh. Acting promptly puts your attorney in the best position to settle or, if necessary, win at trial.
Talk to a North Dakota Personal Injury Attorney Today
You should not have to guess whether your case will settle or go to court. Pringle & Herigstad, PC has handled North Dakota injury claims since 1909 and has the trial experience to push insurers toward fair settlements without backing down when trial is the right call. Contact Pringle & Herigstad, PC for a free consultation. We work on contingency, so you owe nothing unless we recover for you.