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Personal Injury Claims

A personal injury claim needs fault, causation and a claim brought in time. The time limit varies by state — commonly between one and six years, with two or three most typical — and it is unforgiving. So is the fault rule: in most states being partly at fault reduces your recovery, but in a small number of jurisdictions being even slightly at fault bars it entirely. Call 1-844-690-0555 free, any hour — and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.

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The statute of limitations depends on your state and the type of claim, and it can be far shorter for claims against a government body — some require formal notice within months of the injury. Find out your state's deadline immediately rather than assuming you have years.

Personal Injury Claims at a glance

Deadlines vary by state

Commonly one to six years, most often two or three — and shorter against government bodies

Most states use comparative fault

Your recovery is reduced by your share of the blame

A few bar claims entirely

In a small number of jurisdictions, any fault on your part defeats the claim outright

Two kinds of damages

Economic — medical bills and lost earnings — and non-economic for pain and suffering

Contingency fees are standard

Typically a percentage of the recovery, with case costs usually separate

The fault rule that decides everything

Most states apply comparative negligence: if you are found 20 per cent responsible, your damages are reduced by 20 per cent. Many use a modified version in which you recover nothing once your share reaches 50 or 51 per cent. But a small number of jurisdictions still apply pure contributory negligence, under which being even one per cent at fault bars recovery completely — an outcome so harsh that it changes the entire strategy of a case. Which rule applies to you depends on where the injury happened, and it is the first thing worth finding out. Talk it through with a lawyer now →

Dealing with the insurer

The adjuster is not neutral. Early contact usually brings a recorded statement request and sometimes a quick low offer before the medical picture is clear — and an offer accepted is a release signed, ending the claim permanently even if your injury turns out to be far worse. You are generally not obliged to give a recorded statement to the other side's insurer. Do not sign broad medical authorisations that let them trawl your entire history. Report to your own insurer as your policy requires, and be aware that your own coverage — uninsured or underinsured motorist, medical payments — may matter more than the other driver's. Talk it through with a lawyer now →

What a claim is actually worth

Economic damages are the documented losses: medical treatment past and future, lost earnings and lost earning capacity, care, equipment and adaptations. Non-economic damages compensate pain, suffering and loss of enjoyment of life, and several states cap them, particularly in medical malpractice. The single biggest driver of value in a serious case is the quality of the medical evidence and the documentation of how the injury changed daily life — which is why a contemporaneous diary, and attending every appointment, matters more than any argument made later. Talk it through with a lawyer now →

If you are injured, step by step

Get treatment and make sure the cause is recordedGaps in treatment are the first thing an insurer attacks.

Find out your state's deadline and fault ruleBoth can end a claim before it starts.

Do not give a recorded statement or sign a release earlyAn accepted offer ends the claim forever. Call 1-844-690-0555 free, any hour — and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.

Personal Injury Claims — your questions answered

How long do I have to file a personal injury claim?

It depends on your state and the type of claim — commonly two or three years, but ranging from one to six, and medical malpractice and claims against government entities often run on much shorter clocks, sometimes requiring formal notice within months. Because the variation is so wide, the deadline is the first thing to establish rather than the last.

The accident was partly my fault. Can I still claim?

In most states, yes — your damages are reduced by your share of responsibility, and in many you can recover as long as you were less than half at fault. But in a small number of jurisdictions, contributory negligence bars recovery entirely if you bear any fault at all. Which rule applies depends on where it happened, and it is the single most important question in a shared-fault case.

How much do lawyers take?

Personal injury work is usually done on contingency: no fee unless you recover, then a percentage of the recovery, often rising if the case goes into litigation. Case expenses — records, experts, filing fees — are usually separate and deducted as well, so ask specifically whether the percentage is calculated before or after costs, because the difference is real money. Get the fee agreement in writing and read it.