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Personal Injury Laws by State
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Important Laws Vary by State
Personal injury laws are primarily set based on common law rules and state legislatures. This means that they can and do vary by state. You will, therefore, need to learn what the rules are where you reside. The table below provides an overview of some of the most important rules.
Statute of Limitations
The statute of limitations refers to the general statute of limitations for personal injury claims. Some claims, like wrongful death, intentional tort claims, medical malpractice claims or claims for libel and slander, for instance, may have a longer or shorter period of time assigned to them for their statute of limitations. A discovery rule may also apply in certain instances, which would mean the statute of limitations would not begin running until the point in time where the injury is discovered.
Laws on Negligence
Contributory or comparative negligence refers to the rule each states have regarding when a plaintiff may sue if he/she is partially responsible for his/her own actions. In pure contributory negligence states, plaintiffs who have played even a tiny role in causing their own injury are barred from suing. In pure comparative fault states, plaintiffs can sue for as few as 1 percent of their damages if the other party is 1 percent at fault. In states with a 50 percent rule, a plaintiff may sue to collect the appropriate percentage of damages as long as he/she is 50 percent or less at fault. In states with a 51 percent rule, the plaintiff must be no more than 49 percent at fault and may sue for the appropriate percentage of damages whenever the defendant is at least 51 percent responsible for the injury/incident.
Fault vs. "No Fault" States
Fault or no fault rules refer to car accident cases. In no fault states, drivers may not file a lawsuit unless it is for "serious" injuries (the definition of serious differs from place to place) and may collect only medical bills/lost income through their own insurance (through PIP coverage). In fault states, plaintiffs may sue or collect damages from the other party for any accident caused by that party.
Damage caps are limits on the amount of damage collectible. They usually, but not always, apply only to medical malpractice cases. Some caps, especially those on punitive damages, apply more broadly throughout the tort and personal injury areas of law.
Limits on Damages
It is important to note that laws change and your situation may not be exactly as described in the charts below. This is especially true of damage caps, which adjust for inflation and which are still evolving as some parties challenge their constitutionality and other lobbyists argue that more such caps or "tort reforms" are necessary to keep health costs down. Thus, while the table below should provide you with good information to use a starting point, you will need to talk to a lawyer to find out specifics about your own state's laws.
State By State Personal Injury Rules
State | Statute of Limitations | Negligence Rules | Fault/No Fault Car Accident Rules | Damage Caps? |
| Alabama | 2 years | Contributory negligence | Fault | None |
| Alaska | 2 years | Pure comparative negligence | Fault | Non-economic: $250,000. Wrongful death or a disability considered more than 70% disabling: $400,000 |
| Arizona | 2 years | Pure comparative negligence | Fault | Constitutionally prohibited |
| Arkansas | 3 years | 50 Percent Rule | Fault | None |
| California | 2 years | Pure comparative negligence | Fault | Non-economic $250,000 |
| Colorado | 2 years | 50 Percent Rule | Fault | Non-economic: $300,000. Total damages: $1 million |
| Connecticut | 2 years | 51 Percent Rule | Fault | None |
| Delaware | 2 years | 51 Percent Rule | Fault | None |
| District of Columbia (Washington DC) | 3 years | Contributory negligence | Choice no fault | None |
| Florida | 4 years | Pure comparative negligence | No Fault | Non-Economic Damages: $500,000 for practitioners; $750,000 for non-practitioners; $1-million for permanent vegetative state or death |
| Georgia | 2 years | 50 Percent Rule | Fault | Punitive: $250,000. Non-economic: $350,000 against providers. Additional $350,000 against each health care facility. Total maximum for non-economic: $1,050,000 |
| Hawaii | 2 years | 51 Percent Rule | No Fault | Non-economic: $375,000 with exceptions for specific situations |
| Idaho | 2 years | 50 Percent Rule | Fault | Non-economic $250,000, adjusted annually for inflation. Does not apply to willful/reckless negligence or felonies. |
| Illinois | 2 years | 51 Percent Rule | Fault | Non-economic: $500,000 against providers. $1,000,000 against hospitals |
| Indiana | 2 years | 51 Percent Rule | Fault | $1,250,000 total if it occurred after 1999. Providers liable for a maximum of $250,000 with the rest to be paid by compensation fund. |
| Iowa | 2 years | 51 Percent Rule | Fault | None |
| Kansas | 2 years | 50 Percent Rule | No fault | Non-economic: $250,000 |
| Kentucky | 1 year | Pure comparative negligence | Choice No fault | None |
| Louisiana | 1 year | Pure comparative negligence | Fault | $500,000 total. Health care providers liable for only $100,000 with the rest paid by compensation fund |
| Maine | 6 years | 50 Percent Rule | Fault | Non-economic: $500,000 on wrongful death |
| Maryland | 3 years | Contributory negligence | Fault | Non-economic: $680,000 as of 2011 to increase $15,000 annually. Applies to all claims and to all defendants from the same injury, or to wrongful death cases with only one plaintiff. If two wrongful death plaintiffs- $125% of current non-economic cap. |
| Massachusetts | 3 years | 51 Percent Rule | No fault | Non-economic damages: $500,000 except in catastrophic injuries |
| Michigan | 3 years | 51 Percent Rule | No fault | Non-economic: As of 2010 $408,200 or $729,000 for catastrophic/disabling injuries. Adjusts annually for inflation |
| Minnesota | 6 years | 51 Percent Rule | No fault | None |
| Mississippi | 3 years | Pure comparative negligence | Fault | Non-economic: $500,000/plaintiff |
| Missouri | 5 years | Pure comparative negligence | Fault | Non-economic: $350,000. |
| Montana | 3 years | 51 Percent Rule | Fault | Non-economic: $250,000 |
| Nebraska | 4 years | 50 Percent Rule | Fault | $1,750,000 total except maximum of $500,000 for those qualifying entities under the Hospital-Medical Liability Act |
| Nevada | 2 years | 51 Percent Rule | Fault | Non-economic: $350,000 except with limited exceptions |
| New Hampshire | 3 years | 51 Percent Rule | Fault | None |
| New Jersey | 2 years | 51 Percent Rule | Choice No fault | Punitive: The greater of $350,000 or 5x compensatory damages. |
| New Mexico | 3 years | Pure comparative negligence | Fault | Total: $600,000 except for past/future medical bills and punitive damages. Maximum provider liability is $200,000 with the rest paid by compensation fund. |
| New York | 3 years | Pure comparative negligence | No fault | None |
| North Carolina | 3 years | Contributory negligence | Fault | None |
| North Dakota | 6 years | 50 Percent Rule | North Dakota | Non-economic: $500,000 however any award above $250,000 may be reviewed by judge |
| Ohio | 2 years | 51 Percent Rule | Fault | Non-economic damages: $250,000 or 3x economic damages up to $350,000/plaintiff, whichever is greater. $500,000 total for multiple plaintiffs. In catastrophic cases, $500,000 or $1,000,000 |
| Oklahoma | 2 years | 50 Percent Rule | Fault | Non-economic $300,000 for OB/ER cases or if there's an offer of judgment |
| Oregon | 2 years | 51 Percent Rule | Fault | Non-economic: $500,000 for wrongful death. Other non-economic caps not constitutional |
| Pennsylvania | 2 years | 51 Percent Rule | Choice no fault | Punitive: Twice actual damages. Constitutional prohibition on caps of economic damages |
| Rhode Island | 3 years | Pure comparative negligence | Fault | None |
| South Carolina | 3 years | 51 Percent Rule | Fault | Punitive damages: $350,000 or 3x compensatory damages. Non-economic: $350,000 or facility against each provider adjusted annually for inflation. Total claim with multiple providers capped at $1,050,000 |
| South Dakota | 3 years | Pure comparative negligence | Fault | Non-economic $500,000 |
| Tennessee | 1 years | 50 Percent Rule | Fault | None |
| Texas | 2 years | 51 Percent Rule | Fault | Non-economic damages: $250,000 physicians or providers. Additional $250,000 against each health care institution |
| Utah | 4 years | 50 Percent Rule | No fault | Non-economic $250,000 against physicians/ providers. $250,000 additional from each health care institution. |
| Vermont | 3 years | 51 Percent Rule | Fault | None |
| Virginia | 2 years | Contributory negligence | Fault | Total damages $2,000,000 for acts occurring after July 2008. |
| Washington | 3 years | Pure comparative negligence | Fault | None |
| West Virginia | 2 years | 50 Percent Rule | Fault | Non-economic $250,000, adjusted for inflation annually with an absolute maximum of $375,000. In catastrophic cases, $500,000 adjusted annually up to a max of $750,000 |
| Wisconsin | 3 years | 51 Percent Rule | Fault | Non-economic $750,000 for medical negligence. Wrongful death actions: $500,000 for minors and $350,000 for adults |
| Wyoming | 4 years | 51 Percent Rule | Fault | Constitutionally prohibited |
A qualified and professional personal injury attorney can help you to determine how the laws of your state will impact your case. Your lawyer can also assist you in understanding what your rights are and in ensuring those legal rights are fully protected.
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