Frequently asked questions
Your personal injury
questions answered.
Clear, honest answers to the most common questions about personal injury claims, lawyers, settlements, and the legal process – in plain English.
General
General questions
It depends on the severity of your injuries and the complexity of your case. For minor accidents with no injuries and clear fault, you may handle the claim yourself. But for any case involving significant injuries, disputed liability, multiple parties, or insurance bad faith, having an attorney almost always results in a better outcome.
Studies consistently show that injured people who hire attorneys receive significantly higher settlements – even after attorney fees – than those who negotiate alone.
Most personal injury attorneys offer free consultations. There is no risk in getting a professional opinion before deciding.
Studies consistently show that injured people who hire attorneys receive significantly higher settlements – even after attorney fees – than those who negotiate alone.
Most personal injury attorneys offer free consultations. There is no risk in getting a professional opinion before deciding.
Personal injury law (also called tort law) allows injured people to seek financial compensation from those responsible for their injuries. Cases are typically brought when someone’s negligence, recklessness, or intentional action causes harm to another person.
Common types of personal injury cases include car accidents, slip and falls, workplace injuries, medical malpractice, dog bites, and defective product claims.
Common types of personal injury cases include car accidents, slip and falls, workplace injuries, medical malpractice, dog bites, and defective product claims.
Each state has a statute of limitations – a legal deadline to file a lawsuit. In most states, this is 2 to 3 years from the date of the accident. Some states are shorter (1 year in Louisiana, Kentucky, and Tennessee) and some are longer (6 years in Maine and North Dakota).
Important exceptions: claims against government entities often require filing a formal notice within 6 months. Medical malpractice deadlines are often shorter. For minors, the clock may not start until they turn 18.
Missing the deadline permanently bars your claim – no matter how strong it is. Check our State Guides for your state’s exact deadline.
Important exceptions: claims against government entities often require filing a formal notice within 6 months. Medical malpractice deadlines are often shorter. For minors, the clock may not start until they turn 18.
Missing the deadline permanently bars your claim – no matter how strong it is. Check our State Guides for your state’s exact deadline.
Economic damages – quantifiable losses: medical bills (past and future), lost wages, lost earning capacity, property damage, and rehabilitation costs.
Non-economic damages – harder to quantify: pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
In rare cases involving egregious conduct, courts may also award punitive damages – intended to punish the defendant rather than compensate the victim.
Non-economic damages – harder to quantify: pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
In rare cases involving egregious conduct, courts may also award punitive damages – intended to punish the defendant rather than compensate the victim.
It depends on your state’s fault rules. Most states use comparative negligence – your compensation is reduced by your percentage of fault. For example, if you are 30% at fault in a $100,000 claim, you recover $70,000.
Some states use a modified comparative rule that bars recovery if you are 50% or 51% or more at fault. A small number of states still use contributory negligence, where any fault on your part eliminates your claim entirely.
Some states use a modified comparative rule that bars recovery if you are 50% or 51% or more at fault. A small number of states still use contributory negligence, where any fault on your part eliminates your claim entirely.
Lawyers
Questions about lawyers
Almost all personal injury lawyers work on a contingency fee basis – meaning you pay nothing unless you win. If you receive a settlement or court award, the attorney takes a percentage, typically 25% to 40% depending on case complexity and whether it goes to trial.
Case expenses (filing fees, medical records, expert witnesses) are usually advanced by the firm and deducted from your settlement – ask whether they come out before or after the attorney percentage.
Always get the full fee agreement in writing before signing.
Case expenses (filing fees, medical records, expert witnesses) are usually advanced by the firm and deducted from your settlement – ask whether they come out before or after the attorney percentage.
Always get the full fee agreement in writing before signing.
Bring as much documentation as possible. Useful items include:
- The police or accident report
- Photos of the accident scene and injuries
- Medical records and bills so far
- Insurance correspondence and claim numbers
- Contact information for witnesses
- Records of missed work or lost income
- A written timeline of events
Yes. You have the right to change your attorney at any time during a personal injury case. Your original attorney may be entitled to a portion of any eventual fee based on work completed, but this is handled between the attorneys – it typically does not reduce your net recovery.
If your attorney is not communicating, is pushing you to accept a low settlement, or has made errors in your case, switching is absolutely an option to consider.
If your attorney is not communicating, is pushing you to accept a low settlement, or has made errors in your case, switching is absolutely an option to consider.
Personal injury attorneys typically settle 90-95% of cases before trial, since most insurers prefer to settle rather than risk a jury verdict. However, success rate statistics can be misleading – what matters more is the quality of settlements obtained and whether the firm has a genuine reputation for taking cases to trial when necessary. An insurer who knows your lawyer will not go to trial has little reason to offer fair value.
Look for attorneys who specialize specifically in personal injury law (not general practice lawyers), have direct experience with your type of accident, and are members of the American Association for Justice. Check reviews on Avvo, Google, and Martindale-Hubbell. Ask specifically about their trial experience – even if your case settles, an attorney’s willingness to go to court dramatically improves your negotiating position.
Settlements
Questions about settlements
There is no single formula. Case value depends on: severity of injuries, impact on your life and work, clarity of fault, the defendant’s insurance policy limits, and whether the case goes to trial.
Common valuation methods apply a multiplier to your economic damages (medical bills + lost wages) to estimate pain and suffering. The multiplier typically ranges from 1.5x to 5x depending on injury severity.
Be very cautious about online settlement calculators – they can wildly over- or under-estimate real case values. An experienced attorney gives you the most accurate assessment.
Common valuation methods apply a multiplier to your economic damages (medical bills + lost wages) to estimate pain and suffering. The multiplier typically ranges from 1.5x to 5x depending on injury severity.
Be very cautious about online settlement calculators – they can wildly over- or under-estimate real case values. An experienced attorney gives you the most accurate assessment.
In most cases, no. The first offer from an insurance adjuster is typically a low opening bid designed to quickly close your claim before you fully understand the extent of your injuries or your legal rights.
You should not accept any settlement offer until you have completed medical treatment (or reached maximum medical improvement), so the full extent of your damages is known. Signing a release typically ends your claim permanently – you cannot go back for more money even if your condition worsens.
You should not accept any settlement offer until you have completed medical treatment (or reached maximum medical improvement), so the full extent of your damages is known. Signing a release typically ends your claim permanently – you cannot go back for more money even if your condition worsens.
It varies significantly. Minor cases with clear liability may settle in a few months. Complex cases – especially those involving serious injuries, disputed fault, or multiple parties – can take 1 to 3 years or longer if they go to trial.
After a settlement is reached, payment typically arrives within 30 to 60 days. Your attorney will then deduct fees and expenses before distributing your share.
After a settlement is reached, payment typically arrives within 30 to 60 days. Your attorney will then deduct fees and expenses before distributing your share.
Yes – and this is an important step often overlooked by people handling claims without an attorney. Through a process called medical lien negotiation, an attorney may be able to reduce the amounts owed to hospitals, doctors, and health insurers out of your settlement, significantly increasing your net recovery. Some medical providers will also negotiate directly if you explain the circumstances of your settlement.
The legal process
How the claims process works
The typical process: (1) Accident and medical treatment > (2) Consultation with attorney > (3) Investigation and evidence gathering > (4) Demand letter sent to insurer > (5) Negotiation > (6) Settlement or lawsuit filing > (7) Discovery and depositions > (8) Mediation > (9) Trial (if no settlement) > (10) Verdict and payment.
Most cases settle before trial – only a small percentage ever reach a courtroom. But having an attorney willing to take your case to trial dramatically increases your negotiating leverage.
Most cases settle before trial – only a small percentage ever reach a courtroom. But having an attorney willing to take your case to trial dramatically increases your negotiating leverage.
A demand letter is a formal written request from your attorney to the at-fault party’s insurance company, outlining your injuries, damages, evidence of fault, and the amount you are seeking in compensation. It is usually the first formal step in settlement negotiations.
A well-drafted demand letter includes medical records, bills, lost wage documentation, and a persuasive account of how the injuries have affected your life.
A well-drafted demand letter includes medical records, bills, lost wage documentation, and a persuasive account of how the injuries have affected your life.
Discovery is the formal phase of litigation where both sides exchange information and evidence. It typically includes:
- Interrogatories – written questions you must answer under oath
- Depositions – oral questions answered under oath with a court reporter present
- Requests for production – demands to produce documents, records, and evidence
No. The vast majority of personal injury cases – roughly 95% – settle before reaching trial. Trials are expensive and unpredictable for both sides. However, having an attorney who is willing and able to take a case to trial is critical – insurers offer far less to attorneys they know will never actually litigate.
Minor cases with clear liability can resolve in 3-6 months. Moderate cases typically take 1-2 years. Complex cases involving serious injuries, multiple parties, or disputed liability can take 3 years or more if they go to trial. Cases that settle before filing a lawsuit typically resolve faster than those that go through formal litigation.
Insurance
Dealing with insurance companies
Not before speaking with a lawyer. Insurance adjusters are trained to ask questions that elicit statements they can use to minimize your claim. You are generally not legally required to give a recorded statement to the other party’s insurer.
You may be required to cooperate with your own insurer under your policy terms – but even then, consult an attorney about what to say.
Never say “I’m fine,” “I’m not injured,” or “It was partly my fault” in any recorded statement. These phrases can be used against you later.
You may be required to cooperate with your own insurer under your policy terms – but even then, consult an attorney about what to say.
Never say “I’m fine,” “I’m not injured,” or “It was partly my fault” in any recorded statement. These phrases can be used against you later.
If the at-fault driver is uninsured, you may be able to make a claim under your own uninsured motorist (UM) coverage – if you have it. UM coverage is required in some states and optional in others.
You may also be able to sue the at-fault driver personally, though collecting a judgment from someone with no insurance is often difficult unless they have significant assets.
You may also be able to sue the at-fault driver personally, though collecting a judgment from someone with no insurance is often difficult unless they have significant assets.
Insurance bad faith occurs when an insurer unreasonably denies a valid claim, delays payment without cause, or fails to investigate a claim properly. Depending on your state, you may be able to sue the insurance company for bad faith – which can result in damages beyond your original claim, including attorney fees and sometimes punitive damages.
Signs of bad faith include: unreasonable delays, lowball offers with no explanation, denying claims without proper investigation, and refusing to communicate.
Signs of bad faith include: unreasonable delays, lowball offers with no explanation, denying claims without proper investigation, and refusing to communicate.
Uninsured motorist (UM) coverage pays when the at-fault driver has no insurance. Underinsured motorist (UIM) coverage pays when the at-fault driver’s insurance limits are too low to cover your damages. Both types of coverage apply to your own policy and can be critical if you are seriously injured. Many states require one or both types; others make them optional but require insurers to offer them.
Specific accidents
Questions about specific accident types
For purely property-damage accidents with no injuries, you can likely handle the insurance claim yourself. But if you have any injuries – even ones that seem minor – it is worth at least consulting an attorney before settling.
Some injuries (whiplash, soft tissue damage, concussions) do not fully manifest until days or weeks after the accident. If you settle before knowing the full extent of your injuries, you could be leaving significant compensation on the table.
Some injuries (whiplash, soft tissue damage, concussions) do not fully manifest until days or weeks after the accident. If you settle before knowing the full extent of your injuries, you could be leaving significant compensation on the table.
Workers’ compensation is generally your primary remedy for on-the-job injuries, and in most cases it prevents you from suing your employer directly. However, you may be able to file a personal injury lawsuit against a third party – someone other than your employer who contributed to the accident (a manufacturer of defective equipment, a contractor on the site, etc.).
The rules vary significantly by state and by the specific facts of your accident.
The rules vary significantly by state and by the specific facts of your accident.
If possible at the scene: report the fall to the property owner or manager and request a written incident report. Take photos of the hazard (wet floor, uneven surface, poor lighting) before it is corrected. Get names and contact information of witnesses. Seek medical attention immediately – even if you feel okay.
Do not sign any documents or give a recorded statement to the property owner’s insurer without consulting an attorney first.
Do not sign any documents or give a recorded statement to the property owner’s insurer without consulting an attorney first.
Premises liability is the legal concept that property owners and managers have a duty to maintain their property in a reasonably safe condition for visitors. When they fail to do so and someone is injured as a result, the property owner may be held legally responsible.
Common premises liability cases include slip and falls, inadequate security, swimming pool accidents, dog bites, and injuries caused by poor maintenance.
Common premises liability cases include slip and falls, inadequate security, swimming pool accidents, dog bites, and injuries caused by poor maintenance.
Legal disclaimer: The answers on this page are for general informational purposes only and do not constitute legal advice. Personal injury law varies by state and by the specific facts of each case. Always consult a licensed personal injury attorney before making any legal decisions.
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