N.D. Cent. Code § 54-23.4-01 Definitions
54-23.4-01. Definitions
As used in this chapter, unless the context or subject matter otherwise requires:
1. "Bodily injury" means any harm that requires medical treatment and results in
economic loss and includes pregnancy and nervous shock.
2. "Claimant" means a victim, a dependent of a deceased victim, or a representative of
either, who claims compensation under this chapter.
3. "Collateral source" means a source of benefits or advantages for economic loss
otherwise reparable under this chapter which the claimant has received, or which is
readily available to the claimant. The first twenty-five thousand dollars of a life
insurance policy are not a collateral source if they are payable to a dependent
beneficiary or to a parent, legal guardian, or conservator of a dependent victim.
4. "Criminally injurious conduct" means conduct that results in bodily injury or death, and
is punishable by fine, imprisonment, or death, or would be so punishable but for the
fact that the person engaging in the conduct was a minor or lacked capacity to commit
the crime. The term includes an act of terrorism, as defined under Public Law
No. 102-572 [106 Stat. 4506; 18 U.S.C. 2331], committed outside of the United States
against a resident of this state. The term does not include conduct arising out of the
ownership, maintenance, or use of a motor vehicle except when intended to cause
personal injury or death or when the division determines that the conduct was in
violation of section 12.1-16-02, 12.1-16-03, 39-08-01, 39-08-03, 39-08-04, or
39-08-06.
5. "Dependent" means a natural person wholly or partially dependent upon a victim for
care or support and includes a child of a victim born after the victim's death.
6. "Division" means the division of adult services of the department of corrections and
rehabilitation.
7. "Economic loss" means economic detriment consisting only of allowable expense,
work loss, replacement services loss, and, if injury causes death, dependent's
economic loss and dependent's replacement services loss. Noneconomic detriment is
not loss. The term includes economic detriment caused by pain and suffering or
physical impairment.
a. "Allowable expense" means reasonable charges incurred for reasonably needed
products, services, and accommodations required due to the injury, including
those for medical care, rehabilitation, rehabilitative occupational training, and
other remedial treatment and care. The term includes a total charge not in excess
of five thousand dollars for expenses in any way related to funeral, cremation,
and burial. The term does not include that portion of a charge for a room in a
hospital, clinic, convalescent or nursing home, or any other institution engaged in
providing nursing care and related services, in excess of a reasonable and
customary charge for semiprivate accommodations, unless the excess represents
costs of other accommodations that are medically required.
b. "Dependent's economic loss" means loss after a victim's death of contributions of
things of economic value to a victim's dependent, not including services the
dependent would have received from the victim if the victim had not suffered the
fatal injury, less expenses of the dependent avoided by reason of the victim's
death.
c. "Dependent's replacement services loss" means loss reasonably incurred by a
dependent after a victim's death in obtaining ordinary and necessary services in
lieu of those the victim would have performed for the dependent's benefit if the
victim had not suffered the fatal injury, less expenses of the dependent avoided
by reason of the victim's death and not subtracted in calculating the dependent's
economic loss.
d. "Noneconomic detriment" means pain, suffering, inconvenience, physical
impairment, and other nonpecuniary damage.
e. "Replacement services loss" means expenses reasonably incurred in obtaining
ordinary and necessary services in lieu of those the victim would have performed,
not for income but for the benefit of the victim or the victim's family, if the victim
had not been injured.
f. "Work loss" means loss of income from work the victim would have performed if
the victim had not been injured, and expenses reasonably incurred by the victim
in obtaining services in lieu of those the victim would have performed for income,
reduced by any income from substitute work actually performed by the victim or
by income the victim would have earned in available appropriate substitute work
the victim was capable of performing but unreasonably failed to undertake.
8. "Victim" means a person who suffers bodily injury or death as a result of criminally
injurious conduct, the good-faith effort of any person to prevent criminally injurious
conduct, or the good-faith effort of any person to apprehend a person suspected of
engaging in criminally injurious conduct. The term includes a resident of this state who
is injured or killed by an act of terrorism, as defined under Public Law No. 102-572
[106 Stat. 4506; 18 U.S.C. 2331], committed outside of the United States. The term
does not mean a person who suffers bodily injury or death as a result of operating a
motor vehicle, when, at the time of the injury or death, the person was not in
compliance with applicable state laws and rules concerning motor vehicle insurance
coverage and the person was at least partially at fault for causing the accident.