Judiciary committee backs extending state notice deadline to one year for serious-injury claims

The Judiciary Committee voted to recommend Senate Bill 2233, extending the statutory notice-to-claim period for serious bodily injury claims against the state from 180 days to one year.

Sponsor Sen. Jonathan Sickler, R-Grand Forks, told the panel that SB 2233 "deals broadly with the issue of sovereign immunity" and would add a carve-out so that claims involving a serious injury would receive the same one-year notice window the law currently provides for deaths. Sickler said the bill attempts "to strike a balance" between the state's need to manage long-term liability and the injured person's ability to learn of and bring a claim.

Todd Anderson, director of the Risk Management Division at the Office of Management and Budget (OMB), testified in support and said the notice-to-claim requirement gives risk management time to prepare actuarial reserves and budget forecasts. "The notice to claim provision allows for us at risk management to properly prepare for state budgetary processes," Anderson said, adding that stale claims make investigation and defense difficult and that the Supreme Court has applied a discovery rule to the current 180-day requirement.

Jackie Hall of the North Dakota Association for Justice also testified in support.

Under current law, a claimant typically must present notice to OMB within 180 days or lose the right to pursue a claim; the statute already contains carve-outs that allow up to one year where death is involved and certain enumerated offenses. SB 2233 would treat serious bodily injury like death for purposes of the notice window, and it cites the definition of "serious bodily injury" from the state's no-fault statute (26.1-41-1) in the bill text.

Committee members asked clarifying questions about who may file notice on behalf of a deceased person; witnesses and the sponsor said the change was not intended to eliminate the ability of a personal representative or next of kin to file notice. Committee members also confirmed the bill does not change liability caps, payout amounts, or how damages are calculated — it modifies only the time for presenting notice.

The committee moved SB 2233 for a due-pass recommendation. The motion was made by Sen. Lueck and seconded by Sen. Bridal. The roll call showed the following recorded votes: Sen. Paulson — yes; Sen. Castaneda — yes; Sen. Cory — yes; Sen. Lueck — yes; Sen. Meirdle — aye; Sen. Brownberger — aye; Chair Larson — yes. The motion carried.

The bill will move forward with the committee's due-pass recommendation; proponents said the change is intended to help claimants who first seek recovery through no-fault insurance and to give the state a clearer window for budgeting potential liabilities.