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Statute of Limitations by State
Time limits to file a car accident injury lawsuit. Claims must be filed before the deadline or you lose the right to sue.
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Frequently Asked Questions
How is a car accident settlement calculated?
Settlements are based on economic damages (medical bills, lost wages, property damage) plus non-economic damages (pain and suffering). Insurance adjusters often use a multiplier method — multiplying medical costs by 1.5× to 8× depending on injury severity. Your state's tort laws and fault rules then determine what you can actually recover.
What is comparative vs. contributory negligence?
Contributory negligence (AL, DC, MD, NC, VA) bars recovery if you are even 1% at fault. Pure comparative reduces your damages by your fault percentage — even if you're 99% at fault you can still recover 1%. Modified comparative allows recovery only if you're less than 50% or 51% at fault (depending on the state), with damages reduced by your fault share.
What does "no-fault" insurance mean?
In no-fault states, your own insurance (PIP — Personal Injury Protection) pays your medical bills and lost wages up to a set limit, regardless of who caused the accident. You can only sue the other driver if your injuries meet a "serious injury" threshold. No-fault states include FL, MI, NJ, NY, PA, HI, KY, MA, MN, ND, and UT. Kentucky allows drivers to opt out of no-fault.
Are there caps on pain and suffering damages?
Some states impose statutory caps on non-economic (pain and suffering) damages. For example: Alaska ($400K–$1M), Colorado (~$642K), Idaho (~$500K), Kansas ($250K), Maryland (~$935K), Michigan (~$595K for auto), Ohio ($250K–$500K), Oklahoma ($350K), Oregon ($500K), and Tennessee ($750K). These caps vary and some are adjusted annually for inflation. Several states' caps have been struck down by courts, so consult an attorney for the latest.
Should I accept the first settlement offer?
Generally no. Initial offers from insurance companies are typically far below the true value of your claim. Insurance adjusters often start with a low offer hoping you'll accept quickly. An experienced personal injury attorney can negotiate a significantly higher settlement — studies show represented plaintiffs recover 3× more on average. Most attorneys work on contingency (no upfront cost, they take ~33% of the settlement).