See awards and settlements made to real North Dakota car accident victims. Find cases similar to yours.

More than 9,500 North Dakota vehicle crashes occur each year, resulting in more than 5,000 injuries and 170 fatalities.¹

North Dakota is a no-fault car accident state, meaning accident victims must first rely on their own auto insurance for injury coverage, no matter who caused the accident.

The average car accident settlement in North Dakota for a moderate injury claim is $40,433. Average payouts range from $5,707 for minor injuries to $193,640 for severe injuries.

Average North Dakota Car Accident Settlement Amounts

We analyzed a group of injury lawsuits filed in North Dakota courts by car accident victims. The group reflects a variety of rear-end collisions, from minor fender-benders to severe collisions involving a commercial van. All plaintiffs received a payout from a jury verdict or an out-of-court settlement.

Neck and back injuries are the most common type of injuries suffered in all kinds of motor vehicle accidents, followed by head injuries.

Average Payout by Severity of Injury
Minor Injury	$5,707
Moderate Injury	$40,443
Severe Injury	$193,640
Payout Range by Severity of Injury
Minor Injury	$1,000 - $10,918
Moderate Injury	$14,464 - $75,000
Severe Injury	$100,000 - $1,700,000

How Car Accident Settlements Are Calculated

Under North Dakota law, all policies must include basic no-fault coverage, also called Personal Injury Protection (PIP). No-fault covers your medical costs, wage loss, and replacement services such as housekeeping. If you or a family member suffer fatal injuries, PIP pays funeral benefits.

No-fault claims are first made on your own PIP coverage. If expenses are greater than the PIP limit on your policy or exceed the no-fault thresholds, you can make a claim against the at-fault driver’s liability coverage.

Estimating a Payout for Minor Injuries

Minor to moderate injuries will be covered by your own Personal Injury Protection (PIP) coverage. The maximum PIP coverage is $30,000 per accident, not per person.

North Dakota PIP can cover:

• Reasonable and customary medical expenses
• Wage loss benefits, limited to $150 per week
• Replacement services
• Funeral benefits of $3,500

PIP does not pay for property damage or pain and suffering.

You can estimate your payout by adding up your medical bills, out-of-pocket medical expenses, lost wages, and replacement costs, like hiring someone to shovel snow from your sidewalk.

Exceeding the No-Fault Tort Threshold

Injuries exceed North Dakota’s no-fault threshold when medical expenses are more than $2,500 or the injuries result in “serious and permanent disfigurement or disability” lasting more than 60 days.

Severe injuries that exceed the no-fault threshold are best handled by an experienced personal injury attorney.

An attorney will prove that your injuries meet the threshold criteria, pursue liability coverage from the at-fault driver’s insurer, and gather evidence supporting your damages, including compensation for your physical and emotional pain and suffering.

Other factors that affect injury payouts in North Dakota:

• Shared Fault – North Dakota is a modified comparative fault state, meaning victims can seek compensation from the other party so long as they are less to blame than the other party. Your final compensation will be reduced by your percentage of fault.
• Auto Policy Limits – All motor vehicles registered in North Dakota must carry auto liability insurance of at least $25,000 per person/$50,000 per accident, $25,000 for property damage, or provide other proof of financial responsibility.
• Multiple Claimants – When more than one person is injured in the same collision, there might not be enough liability coverage to fully compensate all victims.
• Uninsured/Underinsured Motorist Coverage – North Dakota requires auto policies to provide uninsured motorist (UM) and underinsured motorist (UIM) coverage equal to the policy’s liability limits.
• Commercial Policies – Insurance policies for commercial vehicles like tractor-trailers and buses carry higher liability limits than personal auto policies. Higher limits can mean higher payouts for severe injury claims.
• Punitive Damages – North Dakota allows punitive or “exemplary” damages at the discretion of a jury when the at-fault party is guilty of fraud, oppression, or actual malice.

Frequently Asked Questions

Minor Injury Case Examples

Minor car accident injuries are usually soft-tissue injuries like cuts, bruises, scrapes, and muscle sprains or strains. Victims might be too stiff and sore to work for a few days. Most minor injuries are fully healed within a month.

Small Verdict For Whiplash Injury

Type of Injury: Whiplash injury to neck
Type of Accident: Rear-end
Award/Settlement Amount: $1,000
Case Summary: Plaintiff was driving her vehicle. She came to a stop in traffic and was rear-ended by a vehicle driven by Defendant. Liability was admitted. Plaintiff alleged that she suffered a whiplash injury to her neck as a direct result of this accident. Defendant contended that plaintiff had no damages as her injuries were related to a subsequent accident two months later. A jury deliberated for about 1 hour before returning a verdict of $ 1,000 for plaintiff.
Location: Stark County, North Dakota
Case Name and Docket Number: Malchose v. Kalfell, 20020290

Defendant Disputes Disability Claim

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $1,500
Case Summary: Plaintiff was stopped at a stop sign when defendant rear-ended her vehicle. The Court granted plaintiff’s Motion for Summary Judgment on the issue of liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that she suffered soft tissue neck and back injuries as a direct result of the accident, resulting in 10% permanent partial disability. Defendant contended that: he was traveling less than five m.p.h. at the time of impact; property damage to both vehicles was limited to a few small scratches; plaintiff’s injuries were not proximately related to the collision; any pain or disability was related to prior and/or subsequent motor vehicle accidents; and plaintiff was exaggerating the extent of her injuries. Jury awarded plaintiff $1,500.
Location: Cass County, North Dakota
Case Name and Docket Number: Riemers v. Eslinger, 20090242

Low Verdict for Low-Impact Collision

Type of Injury: Soft tissue neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $2,826
Case Summary: Plaintiff and Defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff came to a stop at a yield sign waiting for traffic to clear and was rear-ended by defendant. Plaintiff claimed that defendant failed to maintain the proper distance and was not paying attention to the traffic ahead of him. He claimed he sustained soft tissue neck injuries as a direct result of the accident. Defendant did not contest liability, nor did he admit that he caused the accident. Defendant however disputed the nature and extent of plaintiff’s injuries, noting the minimal property damage. The jury returned a verdict in favor of plaintiff in the amount of $2,826.
Location: Sargent County, North Dakota
Case Name and Docket Number: McPhee v. Tufty, 20000047

Start and Stop Blamed for Causing Crash

Type of Injury: Soft tissue low back and neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $4,229
Case Summary: Plaintiff and Defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff came to a stop at a stop sign in rush hour traffic and was rear-ended by defendant. As a result, plaintiff claimed to have sustained soft tissue neck and low back injuries with permanent limitation of motion in the neck. Defendant contended that she came to an uneventful stop behind the plaintiff. Defendant maintained that she proceeded forward and struck the rear of plaintiff’s vehicle after plaintiff began to move forward as if he was proceeding through the intersection and then stopped suddenly. Defendant further contended that plaintiff’s alleged injuries were pre existing. The jury returned a verdict in favor of the plaintiff in the sum of $4,229.
Location: Rolette County, North Dakota
Case Name and Docket Number: Curran v. Streeper, 20060162

Smaller Jury Award After Arbitration Award Rejected

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $5,000
Case Summary: Plaintiff and Defendant were operating their vehicles on the same road and each exited the highway. Plaintiff stopped at the end of the ramp and was rear-ended by defendant’s vehicle. Plaintiff claimed significant soft tissue cervical and lumbar injuries with decreased mobility and loss of enjoyment of life. Defendant did not contest liability, but disputed the nature and severity of plaintiff’s alleged bodily injury claims. Defendant contended that the impact was insufficient to have resulted in the injuries claimed and plaintiff exaggerated the severity of her injuries. This case was originally submitted for pretrial arbitration. Plaintiff received a $12,000 award. However, she rejected the award and elected to proceed to this jury trial. A jury awarded $5,000 to plaintiff.
Location: Cass County, North Dakota
Case Name and Docket Number: Moszer v. Witt, 20000202, 20000203

Credible Plaintiff  Testimony Swayed Jury

Type of Injury: Soft tissue neck and back injuries; Aggravation of a pre existing back injury
Type of Accident: Rear-end
Award/Settlement Amount: $5,600
Case Summary: Plaintiff and Defendant were driving their respective autos on a city street. Plaintiff stopped her vehicle at a red light and was struck from behind by defendant’s vehicle. Plaintiff claimed she sustained soft tissue injuries to her back and neck and aggravation of a pre existing back injury caused by a prior auto accident. Defendant admitted liability, but disputed the extent of plaintiff’s injuries and damages. Plaintiff was awarded $5,600 by a jury. Per plaintiff’s counsel, the jury found plaintiff’s testimony credible even though she had sustained similar injuries in the prior accident.
Location: Cass County, North Dakota
Case Name and Docket Number: Arrow v. Bears , 20150057

Defendant Contends Exaggeration of Injuries and Damages

Type of Injury: Bulging disc in neck
Type of Accident: Rear-end
Award/Settlement Amount: $5,900
Case Summary: Plaintiff and Defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff came to a stop prior to merging into traffic and was rear-ended by the defendant. Liability was admitted. Plaintiff alleged that she sustained a bulging cervical disc resulting in a permanent injury as a direct result of this accident. Plaintiff also claimed that she experienced lost profits from her boutique as a result of her injuries from the accident. Defendant contended that this was a minor accident and plaintiff was exaggerating her claims. Defendant also noted that plaintiff had been involved in a prior biking accident which resulted in disabilities to plaintiff’s lower extremities. Plaintiff was awarded $5,900 in damages by a jury.
Location: Burleigh County, North Dakota
Case Name and Docket Number: Clausnitzer v. Tesoro, 20120107

Both Drivers Liable for Passenger Injuries

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $9,419
Case Summary: Plaintiff was a passenger in a car driven by his brother, Defendant. They were traveling west on Avenue X. Defendant 2, who was operating his own vehicle, exited a driveway onto Avenue X and was struck by a third vehicle. Defendant then struck the rear of the third vehicle, behind which he had been traveling. Plaintiff settled with Defendant Martinez for the approximate amount of $5,200. Plaintiff alleged that Defendant was following too closely to the vehicle in front of him. Also, plaintiff claimed soft tissue neck and back injuries as a result of the accident. Defendant contended that the accident was the fault of Defendant 2. A jury awarded $ 9,419 to plaintiff. The panel attributed 50% liability to Defendant and 50% liability to Defendant 2.
Location: Williams County, North Dakota
Case Name and Docket Number: Chamley v. Khokha, 20060261

Defendant Blames Underlying Arthritis for Plaintiff’s Issues

Type of Injury: Soft tissue neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $10,780
Case Summary: Plaintiff was operating her vehicle. Defendant, who was parked in her own vehicle at the curb heading in the same direction as the plaintiff, pulled out from the curb and rear-ended plaintiff’s vehicle. Plaintiff alleged that he suffered a permanent neck injury that would require occasional future treatment and that the neck injury was caused by the accident. Defendant contended that the accident caused minimal property damage and plaintiff was not injured to the extent he claimed. Also, defendant argued that plaintiff’s injury was merely soft tissue and there was an underlying arthritic condition that was responsible for plaintiff’s complaints. A jury deliberated for about 1 hour before returning the verdict for the plaintiff in the amount of $10,870.
Location: McLean County, North Dakota
Case Name and Docket Number: Anderson v. Jacobson, 20000064

Neck Injury Despite Lack of Vehicle Damage

Type of Injury: Soft tissue cervical (neck) injury
Type of Accident: Rear-end
Award/Settlement Amount: $10,819
Case Summary: Plaintiff was driving her vehicle. She stopped in a line of traffic and her automobile was rear-ended by a vehicle driven by Defendant. Plaintiff alleged that, despite the lack of property damage, the impact caused her serious soft tissue neck injuries which affected her to the date of trial. She presented evidence of injury through medical records and treatment. Defendant admitted she struck the rear of plaintiff’s vehicle, but maintained there was no property damage and plaintiff could not have been injured in this low speed accident. The jury awarded plaintiff $10,819 after deliberating 25 minutes.
Location: Rolette County, North Dakota
Case Name and Docket Number: Ackre v. Chapman, 20100044

Moderate Injury Case Examples

Moderate car accident injuries include more extensive soft tissue injuries, uncomplicated bone fractures, herniated or bulging discs, and some concussions. Moderate injury victims may be out of work for several weeks or months, with lingering effects from the injuries.

Plaintiff Had Prior and Subsequent Car Accidents

Type of Injury: Soft tissue cervical sprain
Type of Accident: Rear-end
Award/Settlement Amount: $14,464
Case Summary: Plaintiff and Defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff came to a stop at a stop sign and was rear-ended by defendant. Plaintiff alleged that she suffered soft tissue cervical sprain requiring orthopedic treatment and physical therapy and resulting in a 5% permanent partial disability as a direct result of this accident. Defendant admitted liability at trial. Defendant however contended that plaintiff was not injured to the extent she claimed and disputed causation, noting that plaintiff had prior and subsequent accidents involving the same type of injury. Plaintiff was awarded $14,464 by a jury following 2 hours of deliberations.
Location: Burleigh County, North Dakota
Case Name and Docket Number: Crocker v. Morales-Santana, 20140021

Permanent Impairment Claim Disputed

Type of Injury: Soft tissue back injury
Type of Accident: Rear-end
Award/Settlement Amount: $19,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff came to a stop at an intersection and was rear-ended by the defendant. The vehicles sustained very little property damage. Plaintiff alleged that he suffered soft tissue injuries which resulted in a permanent impairment to the back. Defendant contended that this was a minor impact with minor injuries and any permanent injury was the result of a prior motor vehicle accident. Defendant noted that the prior accident involved a major impact with injuries to the shoulder and back. Jury awarded plaintiff $19,000 in damages: $2,200 in medical expenses and $16,800 in pain and suffering.
Location: Stark County, North Dakota
Case Name and Docket Number: Schwindt v. Sorel, 20190245

Jury Finds Injuries Causally Related to Accident

Type of Injury: Soft tissue injuries to her neck and low back
Type of Accident: Rear-end
Award/Settlement Amount: $21,500
Case Summary: Plaintiff and defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff came to a stop at a traffic light and was subsequently rear-ended by defendant. Liability was admitted at trial and the case proceeded to the jury on the issue of damages only. Plaintiff alleged that she suffered significant soft tissue injuries to her neck and low back as a direct result of this accident. Defendant contended that plaintiff had a number of prior motor vehicle accidents and traumatic events with neck and back injuries, and the injuries were not causally related to this accident. Jury awarded plaintiff $21,500 in damages.
Location: Billings County, North Dakota
Case Name and Docket Number: Maman v. Levi, 20160217

Defendant Blames Plaintiff for Switching Lanes

Type of Injury: Soft tissue neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $23,500
Case Summary: Plaintiff was driving in stop-and-go construction traffic when her car was rear-ended by a vehicle driven by Defendant. This was a minor impact accident that resulted in minimal property damage to plaintiff’s vehicle. Plaintiff claimed soft tissue neck injuries. Defendant denied liability for causing this accident. He contended that plaintiff switched lanes just before impact and caused the accident herself. He argued that this was a minor collision and plaintiff was not injured. The jury awarded plaintiff $ 23,500 in damages.
Location: Bottineau County, North Dakota
Case Name and Docket Number: Lavallie v. Jay, 20190402

Multiple Soft-Tissue Injuries to Back, Hip, Shoulder

Type of Injury: Back injury-aggravation of preexisting lumbar injury; soft tissue right shoulder injury; soft tissue right hip injury; and soft tissue injury to neck
Type of Accident: Rear-end
Award/Settlement Amount: $30,225
Case Summary: Plaintiff and Defendant were operating their respective vehicles in the eastbound lane of a Street. Plaintiff came to a stop in a line of traffic at the intersection of two Streets and was rear-ended by defendant. Liability was not seriously contested. Plaintiff alleged that he suffered an aggravation of preexisting lumbar injury in back, soft tissue right shoulder injury, soft tissue right hip injury and soft tissue injury to neck as a result of this accident. Defendant contended that this was a low impact accident and plaintiff was not injured to the extent he claimed. Jury awarded plaintiff $ 30,225. The verdict included $ 25,000 for non-economic damages and $ 5,225 for past medical expenses.
Location: Cass County, North Dakota
Case Name and Docket Number: Bolinske v. Herd, 20040086

Jury Award Despite Allegations of Exaggeration

Type of Injury: Soft tissue neck and back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $42,900
Case Summary: Plaintiff was slowing to make a right turn into a private driveway when defendant rear-ended her vehicle. Plaintiff alleged that she suffered soft tissue neck and back injuries as a direct result of the accident. Defendant admitted liability, but contended that plaintiff’s injuries were proximately related to a prior accident and that plaintiff was exaggerating the extent of her injuries. Jury returned a plaintiff verdict for $42,900.
Location: Ward County, North Dakota
Case Name and Docket Number: Klimple v. Bahl, 20060195

Low-Impact Collision Results in Disc Herniation

Type of Injury: Back injury-lumbar disc herniation
Type of Accident: Rear-end
Award/Settlement Amount: $55,000
Case Summary: Plaintiff, 68, and Defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff came to a stop and was subsequently rear-ended by defendant. Plaintiff argued that she suffered a lumbar disc herniation which resulted in permanent impairments. Defendant contended that she rolled into the plaintiff at five miles per hour after stopping and then taking her foot off of her brake and that this was a minor impact soft tissue case. Jury returned a plaintiff verdict for $ 55,000: $ 35,000 for pain and suffering and $ 20,000 for medical expenses.
Location: Burleigh County, North Dakota
Case Name and Docket Number: Ryberg v. Landsiedel, 20200189

Verdict for Plaintiff Rear-Ended at 30 MPH

Type of Injury: Soft tissue low back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $59,844
Case Summary: Plaintiff was driving his vehicle. He was stopped in a line of traffic waiting for a vehicle to make a left turn and was rear-ended by defendant. The accident occurred just beyond a stop light in heavy traffic. The impact speed was approximately 30 mph. Although defendant admitted liability in his answer, the plaintiff moved for and was granted a summary judgment on liability. The case proceeded on the issue of damages only. Plaintiff alleged that he suffered soft tissue low back injuries in the accident. Defendant contended that plaintiff’s complaints were attributable to his pre existing lumbar condition, which was unrelated to this accident. The jury rendered a plaintiff verdict after 2.5 hours of deliberation for $50,000 plus offer of judgment interest and costs for a total judgment of $59,844.
Location: Williams County, North Dakota
Case Name and Docket Number: Thiele v. Bousquet, 20200146

Case Settled for Less After Jury Verdict

Type of Injury: Neck and low back pain
Type of Accident: Rear-end
Award/Settlement Amount: $63,000
Case Summary: Plaintiff was driving her car. She slowed behind another car and was rear-ended by a vehicle driven by Defendant. Plaintiff was taken to hospital and treated for neck and low back pain. Plaintiff was involved in a second car accident approximately a year after this accident. Plaintiff claimed she suffered a 25% permanent partial disability to her thoracic spine as a result of the first accident. Defendant admitted liability, but denied that this accident was the cause of plaintiff’s injuries. Defendant argued that it was impossible for plaintiff’s expert, who did not examine plaintiff until after the second accident, to reasonably determine which accident was responsible for her injuries. Plaintiff was awarded $68,270 by a jury. Following the verdict, the parties agreed to a settlement of $63,000.
Location: Mercer County, North Dakota
Case Name and Docket Number: Ballensky v. Flattum-Riemers, 20050277

Rear-End Contact Caused Rollover with Entrapment

Type of Injury: Soft tissue neck injuries
Type of Accident: Rear-end
Award/Settlement Amount: $75,000
Case Summary: Plaintiff was driving his vehicle when he lost control after being rear-ended by a vehicle driven by Defendant. Plaintiff’s car struck a guardrail and overturned. Plaintiff was trapped inside his vehicle for a period of 10 to 15 minutes. Defendant contended that another vehicle (non-party) moved into his lane and he overcompensated in his attempt to avoid a collision with the non-party vehicle. As a result, he clipped the left rear of plaintiff’s vehicle. Defendant did not dispute liability and the case proceeded on the issue of damages only. Plaintiff alleged soft tissue neck injuries as a direct result of this accident. Defendant did not testify at trial. Plaintiff was awarded a jury verdict of $85,000. The verdict was subsequently remitted to $75,000 by agreement of the parties.
Location: Bottineau County, North Dakota
Case Name and Docket Number: Brandt v. Milbrath, 20010294

Severe Injury Case Examples

Victims of severe car accidents often suffer multiple injuries, such as extensive soft-tissue injuries, disc damage requiring surgical repair, complicated fractures, brain injuries, and spinal cord damage.

Severely injured victims may be unable to return to their pre-accident activities or employment, and some are left with permanent impairments.

Gaps in Treatment for Permanent Neck Injury Claim

Type of Injury: Permanent neck injury
Type of Accident: Rear-end
Award/Settlement Amount: $100,000
Case Summary: Plaintiff and Defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff came to a stop at a red light and was rear-ended by defendant. The traffic light in question was ordinarily a flashing yellow light in front of a fire station, but had turned red to allow emergency vehicles to exit the station. Weather was not cited as a factor in the accident and defendant admitted liability. Plaintiff alleged that he suffered a permanent neck injury as a direct result of this accident. Defendant disputed causation, pointing out that there had been gaps in plaintiff’s treatment. Jury awarded plaintiff $100,000: $66,800 in non-economic damages; $8,200 for past medical expenses; and $25,000 for future medical expenses.
Location: Williams County, North Dakota
Case Name and Docket Number: Wilkens v. Westby, 20180430

Payout for Partial Permanent Disability Claim

Type of Injury: Soft tissue neck and back injuries; a possible disc injury
Type of Accident: Rear-end
Award/Settlement Amount: $108,000
Case Summary: Plaintiff and defendant were operating their respective vehicles on the same road and in the same direction. Plaintiff was stopped at a red light when she was rear-ended by defendant. Plaintiff alleged that defendant failed to keep a proper lookout and failed to maintain an assured clear distance. Further, plaintiff suffered significant injuries including soft tissue neck and back injuries and a possible disc injury resulting in a 12% to 15% permanent partial disability, with 6% to 10% attributable to this accident. Liability was not seriously contested. Defendant however contended that plaintiff had preexisting injuries which were not causally related to this accident and plaintiff’s damages were exaggerated. Jury deliberated for 2 days before returning a plaintiff verdict for $108,000.
Location: Rolette County, North Dakota
Case Name and Docket Number: Ackre v. Chapman & Chapman, P.C., 20100044

Speeding Driver Liable for Passenger Injuries

Type of Injury: Soft tissue neck and back injuries; contusion to the forehead; bilateral shoulder pain, chronic migraines and pain to her right arm, right leg and back
Type of Accident: Rear-end
Award/Settlement Amount: $120,764
Case Summary: Plaintiff was a passenger in a vehicle traveling on Route A. At the intersection with Street B, the vehicle was rear-ended by a vehicle operated by Defendant. Plaintiff alleged that defendant failed to keep a proper lookout, was driving too fast and was negligent in failing to avoid the collision. Plaintiff claimed he suffered significant soft tissue injuries including cervical and lumbar strains and contusion to the forehead. As a result of the injuries, plaintiff claimed she experienced bilateral shoulder pain, chronic migraines and pain to her right arm, right leg and back. Defendant denied plaintiff’s allegations and disputed the extent of her injuries. Jury returned a plaintiff verdict, awarding her $120,764 in damages.
Location: Rolette County, North Dakota
Case Name and Docket Number: Gustafson v. Poitra, 20100277

Driver Unable to See Over Nose of His Truck

Type of Injury: Chronic cervical (neck) and lumbar (back) sprain
Type of Accident: Rear-end
Award/Settlement Amount: $125,000
Case Summary: Plaintiff was driving his automobile. He stopped at a traffic light. Defendant’s driver stopped behind plaintiff’s vehicle. When the light changed, defendant’s driver began moving forward. Unable to see over the nose of his truck, the driver rear-ended plaintiff’s auto. Defendant admitted liability and the trial proceeded on the issue(s) of proximate cause and/or damages. Plaintiff alleged that he experienced constant and severe pain and discomfort in his neck and his lumbar back which prevented him from sleeping, and he had to leave his job which was an hour commute from his home to take a lower paying job at a facility 10 minutes from his home due to his injury. Defendant contended that plaintiff was not as severely injured as he alleged. After deliberating for 2.5 days, jury awarded plaintiff $125,000.
Location: Williams County, North Dakota
Case Name and Docket Number: Chamley v. Khokha, 20060261

Verdict in Favor of Injured Mother and Daughter

Type of Injury: Soft tissue back injuries
Type of Accident: Rear-end
Award/Settlement Amount: $125,000
Case Summary: Plaintiff 1 and her daughter, Plaintiff 2, were traveling in a vehicle. They came to a stop in traffic and were rear-ended by Defendant. Both plaintiffs alleged that they suffered permanent soft tissue back injuries which were disabling and affected many of their usual activities. Plaintiffs also asserted that they continued to experience pain and that future medical treatment would be needed. Defendant denied liability and claimed that plaintiffs’ injuries were exaggerated. Jury found for plaintiffs, awarding them a total of $250,000. Per plaintiff’s counsel, this case may have been impacted by defendant’s failure to admit liability and the lack of any evidence to dispute the testimony of plaintiffs’ experts.
Location: Benson County, North Dakota
Case Name and Docket Number: Winer v. Penny Enters., 20030114

Defendant Argues Plaintiff Was Backing Up

Type of Injury: Soft tissue back injuries; bulging lumbar disc
Type of Accident: Rear-end
Award/Settlement Amount: $150,000
Case Summary: Plaintiff was driving his car. At an intersection controlled by a traffic light, he was rear-ended by defendant’s vehicle at a moderate rate of speed. Plaintiff alleged that defendant was negligent in failing to keep a proper lookout and failing to maintain an assured clear distance ahead. Plaintiff further alleged that he suffered soft tissue back injuries and a bulging disc as a direct result of the accident. Defendant contended that plaintiff was contributorily negligent in backing up on the roadway. Defendant further contended that plaintiff was exaggerating the nature and extent of his injuries. Jury deliberated for 2 days before returning a plaintiff verdict in the amount of $150,000.
Location: Stark County, North Dakota
Case Name and Docket Number: Hughes v. Olheiser Masonry, Inc., 20190143

Plaintiff In Two Collisions Three Days Apart

Type of Injury: Neck injuries-cervical strain, disc protrusions at C4-C5, C5-C6 and C6-C7; mid thoracic disc protrusions at T5-T6 and T8-T9; cord compression and anxiety
Type of Accident: Rear-end
Award/Settlement Amount: $225,000
Case Summary: Plaintiff was stopped in traffic when his auto was rear-ended by a vehicle operated by Defendant, forcing it into another vehicle. Plaintiff had been involved in another collision three days prior to this collision. Plaintiff alleged that he suffered severe cervical strain, disc protrusions at C4-C5, C5-C6 and C6-C7, mid thoracic disc protrusions at T5-T6 and T8-T9 and cord compression, and anxiety as a direct result of the accident. Defendant admitted liability, but contended that plaintiff’s injuries were not proximately related to this collision. Jury deliberated for 9 hours before returning a plaintiff verdict for $225,000: $175,000 economic damages and $50,000 pain and suffering.
Location: Burleigh County, North Dakota
Case Name and Docket Number: Zander v. Morsette, 20200211

High-Impact Collision Injuries Blamed on Shoveling Snow

Type of Injury: Back injury-disc damage at L3-L4 and L5-S1; Neck, back and shoulder pain
Type of Accident: Rear-end
Award/Settlement Amount: $294,000
Case Summary: Plaintiff was operating a pickup truck. He was traveling 60 m.p.h. when defendant rear-ended his truck. The impact was substantial, totaling defendant’s auto and bending the frame of plaintiff’s pickup truck. Plaintiff immediately presented to the hospital complaining of severe pain in his neck and low back. During the subsequent three years plaintiff’s neck, back and shoulder pain increased. He was subsequently diagnosed with disc damage at L3-L4 and L5-S1 requiring surgery. Plaintiff alleged that his injuries were proximately related to the accident. Defendant contended that plaintiff injured his back while shoveling snow. Jury deliberated for 2 days before awarding plaintiff $294,000; $19,000 past medicals; $37,000 future medicals; $1,000 college tuition; 16,000 future college tuition; $201,000 pain and suffering; and $ 20,000 loss of consortium.
Location: Bottineau County, North Dakota
Case Name and Docket Number: Drayton v. Schwab, 20070281

Employer and Drunk Employee Both Liable in Company Vehicle

Type of Injury: Neck injuries-Herniated discs at C4-C5 and C6-C7;residual paresthesia of arm
Type of Accident: Rear-end
Award/Settlement Amount: $495,000
Case Summary: Defendant, an employee of Defendant 2, was driving home operating a vehicle belonging to his employer when he rear-ended plaintiff’s vehicle, which was stopped at a red traffic light. Defendant was intoxicated at the time of the accident. Plaintiff alleged that: defendant driver was negligent in driving under the influence of alcohol; defendant was responsible for the negligence of his employee; and she suffered herniated discs at C4-C5 and C6-C7 resulting in 10% permanent partial disability of neck with residual paresthesia of arm, limitation in range of motion and chronic pain as a result of the collision. Defendants contended that plaintiff was involved in a second rear-end collision ten months after this accident and that plaintiff’s injuries were not proximately related to this accident. Jury awarded plaintiff $495,000 against both defendants.
Location: Traill County, North Dakota
Case Name and Docket Number: McDowell v. Gillie, 20000269

Huge Pain and Suffering Award for Severe Disc Injuries

Type of Injury: Neck injuries-cervical disc herniation at C5-C6; back injury-degenerative disc disease at L5-S1; chronic ongoing pain syndrome
Type of Accident: Rear-end
Award/Settlement Amount: $1,700,000
Case Summary: Plaintiff was driving his vehicle. He stopped for a traffic light and was rear-ended by an airport shuttle van driven by Defendant. Plaintiff claimed he sustained significant back and neck injuries including a cervical disc herniation at C5-C6. Plaintiff further claimed that he developed L5-S1 degenerative disc disease as a result of these injuries. Plaintiff underwent multiple surgeries and claimed a chronic ongoing pain syndrome, which he attributed to this accident. Defendants admitted liability, but disputed the extent of plaintiff’s chronic pain syndrome. Defendants argued that plaintiff’s symptoms would resolve or substantially improve with little or no disability. Jury awarded plaintiff $1,700,000: $1,377,177 in non-economic damages; $172,775 for past medicals; $43,000 for past lost wages; $100,000 for future medicals; and $ 7,048 for miscellaneous expenses.
Location: Ransom County, North Dakota
Case Name and Docket Number: Doe v. Shuttle Service

Methodology

We analyzed a group of North Dakota lawsuits filed by plaintiffs injured in vehicle accidents. Plaintiffs include drivers and passengers, and all were injured in rear-end collisions. All plaintiffs in the group received a final payout from a jury award or out-of-court settlement.

In some cases, the plaintiff settled for a smaller amount after a jury award. Settlements after a jury award are a compromised agreement to avoid the stress and expense of further litigation in appeals court.

The Award amount reflects the base payout paid to one individual plaintiff after a reduction for shared fault, if applicable.

Cases include collisions involving cars, trucks, and commercial vehicles, with injuries ranging from soft-tissue injuries to disabling neck and back damage.