Every state
Personal injury attorneys near you
Injuries caused by someone else — falls, dog bites, unsafe property, negligence.
Deadline, in general
Commonly two to three years from the date of the injury, but your state sets it.
A personal injury claim asks whoever caused an injury, or their insurer, to pay for what the injury cost you: medical treatment, the wages you lost while you could not work, and the pain of the injury itself. It is a civil claim, separate from any criminal case, and most are resolved by negotiation with an insurance company rather than a trial.
Almost every personal injury attorney in the country works on a contingency fee, which means no fee up front and a percentage of what is recovered if the case succeeds. The percentage and who pays case costs if the claim fails are set out in a written fee agreement, and most states require you to be given a copy of it.
Tell us what happened
A few questions about your situation. It is free, and there is no obligation of any kind.
This may be your situation if
- —You were hurt somewhere you had a right to be, and someone else caused it.
- —An insurance adjuster has called you and asked for a recorded statement.
- —You are being asked to sign a release or accept a cheque before you finish treatment.
- —Your medical bills are going to collections while liability is still being argued.
- —The other side has admitted nothing, and you are being blamed for what happened.
What an attorney generally does here
- —Establish who is responsible and find every insurance policy that could pay.
- —Deal with the adjuster so you are not negotiating while you are still recovering.
- —Document what the injury actually cost — treatment, future care, lost income.
- —Handle medical liens, which is often where a settlement quietly disappears.
- —File suit before the deadline if the insurer will not deal reasonably.
The deadline
Commonly two to three years from the date of the injury, but your state sets it. Set by Your state’s statute of limitations for personal injury.
State periods run from one year to six, so the only number that matters is your own state’s. Shorter deadlines apply in common situations: a claim against a city, county or state agency usually has to be presented in months rather than years, which catches county-employed caregivers and anyone injured on public property. Do not rely on a general figure for your own case.
Worth gathering first
- —Any police, incident or ambulance report and its number.
- —Photographs of the scene, the hazard and your injuries, with dates.
- —Names and numbers of anyone who saw it happen.
- —Every medical record and bill, including the ones you think are minor.
- —Proof of missed work: pay stubs, timesheets, a letter from your employer.
- —Every letter and voicemail from any insurer.
If you work in care
Home care and facility staff are injured on the job constantly — lifting, transfers, falls in a client’s home, dog bites on a first visit. Where the injury happened on a shift, a workers’ compensation claim and a personal injury claim against a third party can both exist at once, and they are handled differently.
Common questions
How much does a personal injury attorney cost?
Most work on contingency: nothing up front, and a percentage of the recovery if the case succeeds. The percentage, and who carries case costs if it does not succeed, must be in a written fee agreement you are given a copy of. Consultations are usually free.
Do I have a case if I was partly at fault?
Possibly. Most states reduce a recovery by your share of the blame rather than barring it, though some bar it once your share passes half, and a very few bar it if you were at all at fault. Which rule applies depends on your state, and insurers routinely argue your share is larger than it is.
Should I give the insurance company a recorded statement?
That is exactly the kind of decision to ask an attorney about before you answer. A recorded statement is taken by the other side to be used later, and you are usually asked for one early, while you still do not know the extent of your injury.
How long does a personal injury case take?
It varies enormously. Straightforward claims can settle in months once treatment finishes; disputed liability or serious injuries can take a year or more, and filing suit lengthens it further.
Related
This page is general information about how this kind of matter works in the United States, and the rules that matter most here are set state by state — the deadline where you live may be shorter than the general figure given above. It is not legal advice, it is not a substitute for advice about your own situation, and reading it or sending the form does not create an attorney-client relationship. Unified Savers is not a law firm and not a lawyer referral service. Deadlines stated are general rules and exceptions frequently make them shorter. See the disclaimer and privacy policy.