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.
Free legal information, 24/7. Speak to a real lawyer about your situation, any time.
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
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
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.
Not sure where you stand? Find out in minutes.
Call the free hotline any time. We'll help you understand your options and, if you need one, connect you with a lawyer — anywhere in Australia, usually within the hour.
Call now — 1-844-690-0555Free legal information. Not legal advice.