What is the statute of limitations for filing a catastrophic injury claim?

The statute of limitations for filing a catastrophic injury claim in the state of North Dakota is six years. This means that any person who has suffered a catastrophic injury must file a claim within six years of the date of injury or six years of the date of discovery of the injury. For instance, if a person suffers a catastrophic injury in an accident on June 1, 2020, they must file a claim by June 1, 2026. However, in cases of minors, such as a child injured in a car accident, the six-year statute of limitations does not begin until the minor turns 18. In cases where the injury was knowingly concealed by the defendant, like a doctor who fails to diagnose a medical condition, the clock will not start ticking until the victim discovers the injury. This is known as the “discovery rule” and is intended to prevent the victim from being unfairly barred from seeking compensation. It is important to note that these statutes of limitation vary from state to state and they also vary depending on the type of claim. Therefore, it is important to consult a knowledgeable attorney to understand the specific time limits in any given situation.

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