Frequently Asked Questions About Personal Injury Claims
General answers to common questions. Laws vary by state, so treat these as a starting point rather than advice for your specific case.
How much does it cost to hire a personal injury attorney?
Most personal injury attorneys work on a contingency fee basis, meaning they only get paid — typically a percentage of the settlement or award — if you recover compensation. Initial consultations are commonly free. Always confirm the fee arrangement in writing before hiring an attorney.
How long do I have to file a personal injury claim?
Deadlines are set by each state's statute of limitations and vary by claim type, often ranging from one to several years. Claims against a government agency frequently require a much shorter notice period. Because missing a deadline can permanently bar a claim, it's worth confirming the applicable timeline as soon as possible.
What is my personal injury case worth?
There is no universal formula. Value generally depends on the severity and permanence of the injury, medical costs (past and future), lost income, the strength of the liability evidence, and applicable state damage rules or caps. An attorney can give a more specific estimate after reviewing the facts.
What if I was partly at fault for the accident?
Most states apply some form of comparative or contributory negligence rule, which can reduce — or in a few states eliminate — your compensation if you share responsibility. The exact effect depends on your state's specific rule and how fault is apportioned.
Should I accept the insurance company's first settlement offer?
Early offers are often lower than the eventual value of a claim, especially before the full extent of an injury is known. It's generally wise to have a full picture of your medical treatment and, ideally, a professional opinion before agreeing to any settlement.
What's the difference between a personal injury claim and a workers' compensation claim?
Workers' compensation is a no-fault system for job-related injuries that generally replaces the right to sue an employer directly, with more limited benefits. A personal injury claim is based on proving another party's negligence and can include broader damages such as pain and suffering.
Do personal injury cases always go to trial?
No. The large majority of personal injury claims are resolved through negotiated settlements without a trial. Litigation and trial become more likely when liability is disputed or the two sides can't agree on the value of the claim.
How do I find a qualified personal injury attorney?
Your state bar association typically offers a lawyer referral service, and many attorneys offer free consultations. Ask about experience with your specific type of claim, how the firm communicates with clients, and how fees work before hiring anyone.