Personal Injury Complaint - Auto Accident - North Dakota
IN THE DISTRICT COURT OF [COUNTY] COUNTY, NORTH DAKOTA
[JUDICIAL DISTRICT] JUDICIAL DISTRICT
| Party | Role |
|---|---|
| [PLAINTIFF FULL LEGAL NAME], | Plaintiff |
| v. | |
| [DEFENDANT FULL LEGAL NAME], | Defendant |
Civil No. [________________]
COMPLAINT FOR PERSONAL INJURY ARISING FROM MOTOR VEHICLE COLLISION
Parties, jurisdiction, and venue
- Plaintiff [PLAINTIFF NAME] resides in [COUNTY, STATE].
- Defendant [DEFENDANT NAME] resides in [COUNTY, STATE] and [owned / operated] the vehicle involved in the collision alleged below.
- This Court has jurisdiction over this civil action under N.D. Cent. Code § 27-05-06.
- Venue is proper in [COUNTY] County under N.D. Cent. Code § 28-04-03.1 because [the claim arose here / Defendant resides here / the majority of Defendants reside here].
Collision and negligence
- On [DATE], at approximately [TIME], Plaintiff was [driving / riding in] a [VEHICLE] on [ROAD AND LOCATION] in North Dakota.
- Defendant was operating a [VEHICLE] at that location. Defendant [DESCRIBE MOVEMENT, SIGNAL, LANE, TRAFFIC CONDITIONS, AND IMPACT].
- Defendant owed Plaintiff a duty to use reasonable care in operating the vehicle. Under N.D. Cent. Code § 39-09-01(1), a driver must use a speed reasonable and prudent for the conditions and hazards. Section 39-09-01.1 requires careful and prudent operation on a highway with due regard for existing conditions. Defendant breached the applicable duties by [SPECIFIC FACTS SUPPORTED BY EVIDENCE].
- Defendant's negligent operation caused the collision and Plaintiff's injuries. Plaintiff suffered [DESCRIBE ACTUAL INJURIES], incurred [DESCRIBE ACTUAL LOSSES], and may require [DESCRIBE SUPPORTED FUTURE CARE OR LOSSES].
Damages and statutory conditions
- Plaintiff seeks proven past and future economic damages, including [medical care / rehabilitation / lost earnings / lost earning capacity / other supported monetary loss], and noneconomic damages, including [pain / physical impairment / disfigurement / emotional distress / other supported loss], as applicable under N.D. Cent. Code § 32-03.2-04. Plaintiff also seeks proven vehicle or other property loss, if any.
- [Include only if Defendant is a secured person, the collision arose from ownership or operation of a secured motor vehicle in North Dakota, Plaintiff may qualify for basic no-fault benefits under § 26.1-41-06 and is not excluded under § 26.1-41-07, and noneconomic loss is sought: Plaintiff's accidental bodily injury is a “serious injury” under N.D. Cent. Code § 26.1-41-01(21) because [death / dismemberment / serious and permanent disfigurement / disability beyond sixty days / medical expenses exceeding $2,500, or qualifying customary value of discounted services]. Accordingly, the noneconomic-loss exemption in § 26.1-41-08(1)(a) does not apply.]
- [If the § 26.1-41-08 secured-person exemption applies, identify basic no-fault benefits paid or payable for the same economic loss and request economic recovery only to the extent allowed by § 26.1-41-08(1)(b): DETAILS.]
- Plaintiff denies comparative fault. If Plaintiff is found at fault, N.D. Cent. Code § 32-03.2-02 reduces damages proportionally and bars recovery only if Plaintiff's fault is as great as the combined fault of all other persons who contributed to the injury.
- [Include only for a property-damage claim satisfying every condition in § 32-03.2-02.1: Two persons were at fault; direct physical property damage does not exceed $5,000; indirect physical property damage does not exceed $1,000; and Defendant's fault exceeds 50 percent. Plaintiff requests application of that section to the qualifying property damage only.]
Prayer for relief
Plaintiff requests judgment against Defendant for:
A. Economic damages in the amount proved at trial;
B. Noneconomic damages [in a specific amount below $50,000: AMOUNT / if seeking $50,000 or more: a reasonable sum but not less than fifty thousand dollars], as required by N.D. Cent. Code § 32-03.2-07;
C. Property damages, if pleaded and proved;
D. Interest and taxable costs to the extent allowed by applicable law; and
E. Other relief the Court finds proper.
Jury demand
Under N.D.R.Civ.P. 38, Plaintiff demands a jury trial on all issues triable of right by a jury. Plaintiff will serve and file this demand as Rule 38 requires.
Dated: [__/__/____]
[ATTORNEY NAME]
State Board of Law Examiners ID: [NUMBER]
[LAW FIRM, IF ANY]
[ADDRESS]
[CITY, STATE, ZIP]
Telephone: [NUMBER]
Email for electronic service: [EMAIL]
By: ____________________________
[ATTORNEY NAME], attorney for Plaintiff
About this template
- Last updated
- October 3, 2026
- Citations checked
- October 3, 2026
- Jurisdiction
- North Dakota
- Category
- Personal Injury
Legal authority
- N.D. Cent. Code § 27-05-06 (district court civil jurisdiction)
- N.D. Cent. Code § 28-04-03.1 (venue for negligent motor-vehicle operation)
- N.D. Cent. Code § 26.1-41-01(21) (serious injury definition)
- N.D. Cent. Code § 26.1-41-08 (conditional secured-person exemption)
- N.D. Cent. Code § 32-03.2-02 (comparative fault)
- N.D. Cent. Code § 32-03.2-02.1 (limited property-damage rule)
- N.D. Cent. Code § 32-03.2-04 (damage categories)
- N.D. Cent. Code § 32-03.2-07 (pleading damages)
- N.D. Cent. Code § 39-09-01 (basic speed rule)
- N.D. Cent. Code § 39-09-01.1 (careful operation)
- N.D.R.Civ.P. 11 (pleading signature)
- N.D.R.Civ.P. 38 (jury demand)
Personal injury cases are brought by people who were hurt because of someone else's carelessness: car crashes, slip and falls, defective products, and more. Demand letters, settlement agreements, and court filings in these cases have to document the injuries, the medical treatment, the lost income, and the exact legal basis for holding the other side responsible. Well-prepared paperwork is what drives higher settlements and forces insurers to take the claim seriously.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 3, 2026.
N.D. Cent. Code § 27-05-06(2) (checked October 3, 2026): "The courts have: ... 2. Power to hear and determine all civil actions and proceedings."
N.D. Cent. Code § 28-04-03.1 (checked October 3, 2026): "An action against the owner or driver of any motor vehicle arising out of and by reason of the negligent driving, operation, management, or control of such motor vehicle may be brought either in the county where such action arose, in the county of the residence of the defendant, or in the county of the residence of the majority of the defendants."
N.D. Cent. Code § 26.1-41-01(21) (checked October 3, 2026): "'Serious injury' means an accidental bodily injury which results in death, dismemberment, serious and permanent disfigurement or disability beyond sixty days, or medical expenses in excess of two thousand five hundred dollars."
N.D. Cent. Code § 26.1-41-08 (checked October 3, 2026): "In any action against a secured person to recover damages because of accidental bodily injury arising out of the ownership or operation of a secured motor vehicle in this state, the secured person is exempt from liability to pay damages for: a. Noneconomic loss unless the injury is a serious injury. b. Economic loss to the extent of all basic no-fault benefits paid or to become payable for such injury under this chapter after subtracting the same elements of loss recoverable under any workforce safety and insurance law. The exemption under subsection 1 does not apply unless the person who has sustained accidental bodily injury is a person who may qualify for basic no-fault benefits pursuant to section 26.1-41-06 and who is not excluded under section 26.1-41-07."
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