Personal injury lawsuits are an essential aspect of the legal system, providing individuals with a means to seek compensation for injuries caused by negligence or wrongdoing. However, the rules and regulations governing personal injury claims can vary significantly from state to state. Understanding these differences is crucial for anyone considering filing a lawsuit. This guide provides an overview of personal injury laws across ten selected states, focusing on key aspects such as statutes of limitations, comparative negligence rules, and damage caps.
The information provided in this guide is for informational purposes only and should not be construed as legal advice. We are not attorneys, and this content does not create an attorney-client relationship. Laws and regulations regarding personal injury claims can vary significantly by state and may change over time. Therefore, we recommend consulting with a qualified legal professional to obtain specific legal advice tailored to your situation. While we strive to ensure the accuracy of the information presented, we cannot guarantee its completeness or reliability. Always verify the data with official legal sources or professionals before making any legal decisions.
1. Alabama (🏈)
Statute of Limitations: In Alabama, the statute of limitations for personal injury cases is two years from the date of the injury.
Comparative Negligence: Alabama follows a “contributory negligence” rule, meaning that if a plaintiff is found to be even slightly at fault for their injury, they cannot recover any damages.
Damage Caps: There are no caps on damages for personal injury claims in Alabama.
2. Alaska (🐻)
Statute of Limitations: Alaska has a two-year statute of limitations for personal injury cases.
Comparative Negligence: Alaska employs a “modified comparative negligence” rule, which means that if the plaintiff is 50% or more at fault, they cannot recover damages.
Damage Caps: There are no caps on damages in personal injury lawsuits in Alaska.
3. Arizona (🌵)
Statute of Limitations: In Arizona, the statute of limitations for personal injury claims is two years.
Comparative Negligence: Arizona follows a “pure comparative negligence” rule, allowing plaintiffs to recover damages even if they are partially at fault, with their recovery reduced by their percentage of fault.
Damage Caps: There are no caps on damages for personal injury claims in Arizona.
4. Arkansas (🦅)
Statute of Limitations: Arkansas has a three-year statute of limitations for personal injury cases.
Comparative Negligence: Arkansas follows a “modified comparative negligence” rule, where a plaintiff can recover damages unless they are found to be more than 50% at fault.
Damage Caps: There are no caps on damages in personal injury lawsuits in Arkansas.
5. California (🏄)
Statute of Limitations: In California, the statute of limitations for personal injury cases is two years from the date of the injury.
Comparative Negligence: California follows a “pure comparative negligence” rule, allowing plaintiffs to recover damages even if they are found to be partially at fault, with their recovery reduced by their percentage of fault.
Damage Caps: There are no caps on economic damages, but non-economic damages in medical malpractice cases are capped at $250,000.
6. Colorado (🏔️)
Statute of Limitations: Colorado has a two-year statute of limitations for personal injury claims.
Comparative Negligence: Colorado follows a “modified comparative negligence” rule, allowing recovery only if the plaintiff is less than 50% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Colorado.
7. Connecticut (🏡)
Statute of Limitations: In Connecticut, the statute of limitations for personal injury cases is two years.
Comparative Negligence: Connecticut uses a “modified comparative negligence” rule, where recovery is reduced by the plaintiff’s percentage of fault, as long as it does not exceed 50%.
Damage Caps: There are no caps on damages in personal injury cases in Connecticut.
8. Delaware (⚖️)
Statute of Limitations: Delaware has a two-year statute of limitations for personal injury lawsuits.
Comparative Negligence: Delaware follows a “modified comparative negligence” rule, allowing recovery as long as the plaintiff is not more than 50% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Delaware.
9. Florida (🏖️)
Statute of Limitations: Florida has a four-year statute of limitations for personal injury claims.
Comparative Negligence: Florida operates under a “modified comparative negligence” rule, meaning that a plaintiff can recover damages unless they are more than 50% at fault.
Damage Caps: Florida has caps on non-economic damages in medical malpractice cases, limited to $500,000 for most cases and $1 million for catastrophic injuries.
10. Georgia (🍑)
Statute of Limitations: In Georgia, the statute of limitations for personal injury claims is two years.
Comparative Negligence: Georgia follows a “modified comparative negligence” rule, where a plaintiff can recover damages unless they are 50% or more at fault.
Damage Caps: There are no caps on economic or non-economic damages in personal injury cases.
11. Hawaii (🌺)
Statute of Limitations: In Hawaii, the statute of limitations for personal injury claims is two years from the date of the injury.
Comparative Negligence: Hawaii follows a “modified comparative negligence” rule, allowing recovery as long as the plaintiff is not more than 50% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Hawaii.
12. Idaho (🥔)
Statute of Limitations: Idaho has a two-year statute of limitations for personal injury lawsuits.
Comparative Negligence: Idaho uses a “modified comparative negligence” rule, where recovery is reduced by the plaintiff’s percentage of fault, provided it does not exceed 50%.
Damage Caps: There are no caps on damages for personal injury claims in Idaho.
13. Illinois (🌽)
Statute of Limitations: In Illinois, the statute of limitations for personal injury cases is two years.
Comparative Negligence: Illinois follows a “modified comparative negligence” rule, allowing plaintiffs to recover damages as long as they are not more than 50% at fault.
Damage Caps: There are no caps on economic damages, but non-economic damages in medical malpractice cases are capped at $500,000 for non-residents and $1 million for residents.
14. Indiana (🏢)
Statute of Limitations: Indiana has a two-year statute of limitations for personal injury lawsuits.
Comparative Negligence: Indiana follows a “modified comparative negligence” rule, allowing recovery if the plaintiff is less than 51% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Indiana.
15. Iowa (🌽)
Statute of Limitations: Iowa has a two-year statute of limitations for personal injury claims.
Comparative Negligence: Iowa uses a “modified comparative negligence” rule, where recovery is allowed as long as the plaintiff is not more than 50% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Iowa.
16. Kansas (🏴☠️)
Statute of Limitations: Kansas has a two-year statute of limitations for personal injury lawsuits.
Comparative Negligence: Kansas follows a “modified comparative negligence” rule, allowing recovery if the plaintiff is less than 50% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Kansas.
17. Kentucky (🏞️)
Statute of Limitations: In Kentucky, the statute of limitations for personal injury claims is one year from the date of the injury.
Comparative Negligence: Kentucky follows a “modified comparative negligence” rule, allowing recovery if the plaintiff is less than 50% at fault.
Damage Caps: There are no caps on economic damages, but non-economic damages in medical malpractice cases are capped at $250,000 to $500,000, depending on the severity of the injury.
18. Louisiana (🎷)
Statute of Limitations: Louisiana has a one-year statute of limitations for personal injury claims.
Comparative Negligence: Louisiana follows a “pure comparative negligence” rule, allowing plaintiffs to recover damages even if they are found to be partially at fault, with recovery reduced by their percentage of fault.
Damage Caps: There are no caps on economic or non-economic damages in personal injury cases.
19. Maine (🐟)
Statute of Limitations: Maine has a six-year statute of limitations for personal injury lawsuits.
Comparative Negligence: Maine employs a “modified comparative negligence” rule, allowing recovery as long as the plaintiff is not more than 50% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Maine.
20. Maryland (⚖️)
Statute of Limitations: In Maryland, the statute of limitations for personal injury claims is three years from the date of the injury.
Comparative Negligence: Maryland follows a “contributory negligence” rule, which is strict; if a plaintiff is found to be even slightly at fault, they cannot recover any damages.
Damage Caps: There are no caps on damages for personal injury cases in Maryland, but there are caps on non-economic damages in medical malpractice cases, set at $830,000.
21. Massachusetts (🦞)
Statute of Limitations: Massachusetts has a three-year statute of limitations for personal injury cases.
Comparative Negligence: Massachusetts employs a “modified comparative negligence” rule, allowing recovery as long as the plaintiff is less than 51% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Massachusetts.
22. Michigan (🚗)
Statute of Limitations: Michigan has a three-year statute of limitations for personal injury lawsuits.
Comparative Negligence: Michigan follows a “modified comparative negligence” rule, allowing recovery if the plaintiff is less than 51% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Michigan.
23. Minnesota (🌲)
Statute of Limitations: In Minnesota, the statute of limitations for personal injury claims is two years from the date of the injury.
Comparative Negligence: Minnesota uses a “modified comparative negligence” rule, allowing recovery as long as the plaintiff is not more than 50% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Minnesota.
24. Mississippi (🌊)
Statute of Limitations: Mississippi has a three-year statute of limitations for personal injury claims.
Comparative Negligence: Mississippi follows a “pure comparative negligence” rule, allowing recovery regardless of the plaintiff’s level of fault.
Damage Caps: There are no caps on damages for personal injury claims in Mississippi.
25. Missouri (🏢)
Statute of Limitations: Missouri has a five-year statute of limitations for personal injury lawsuits.
Comparative Negligence: Missouri follows a “modified comparative negligence” rule, allowing recovery as long as the plaintiff is less than 51% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Missouri.
26. Montana (🏞️)
Statute of Limitations: Montana has a three-year statute of limitations for personal injury claims.
Comparative Negligence: Montana employs a “modified comparative negligence” rule, allowing recovery if the plaintiff is less than 51% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Montana.
27. Nebraska (🌽)
Statute of Limitations: Nebraska has a four-year statute of limitations for personal injury lawsuits.
Comparative Negligence: Nebraska follows a “modified comparative negligence” rule, allowing recovery if the plaintiff is less than 50% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Nebraska.
28. Nevada (🎲)
Statute of Limitations: Nevada has a two-year statute of limitations for personal injury claims.
Comparative Negligence: Nevada employs a “modified comparative negligence” rule, where recovery is allowed as long as the plaintiff is less than 51% at fault.
Damage Caps: There are no caps on economic damages, but non-economic damages in medical malpractice cases are capped at $350,000.
29. New Hampshire (⛰️)
Statute of Limitations: New Hampshire has a three-year statute of limitations for personal injury lawsuits.
Comparative Negligence: New Hampshire uses a “modified comparative negligence” rule, allowing recovery as long as the plaintiff is less than 51% at fault.
Damage Caps: There are no caps on damages for personal injury claims in New Hampshire.
30. New Jersey (🏙️)
Statute of Limitations: New Jersey has a two-year statute of limitations for personal injury claims.
Comparative Negligence: New Jersey employs a “modified comparative negligence” rule, allowing recovery as long as the plaintiff is less than 51% at fault.
Damage Caps: There are no caps on damages for personal injury claims in New Jersey.
31. New Mexico (🌄)
Statute of Limitations: New Mexico has a three-year statute of limitations for personal injury claims.
Comparative Negligence: New Mexico follows a “pure comparative negligence” rule, allowing plaintiffs to recover damages regardless of their level of fault, with recovery reduced by their percentage of fault.
Damage Caps: There are no caps on damages for personal injury claims in New Mexico.
32. New York (🗽)
Statute of Limitations: New York allows three years from the date of the accident to file a personal injury lawsuit.
Comparative Negligence: New York employs a “pure comparative negligence” rule, enabling plaintiffs to recover damages even if they are partially at fault, but their recovery is adjusted based on their level of fault.
Damage Caps: There are no caps on economic damages, but non-economic damages in medical malpractice cases are capped at $300,000.
33. North Carolina (🌲)
Statute of Limitations: North Carolina has a three-year statute of limitations for personal injury claims.
Comparative Negligence: North Carolina follows a “contributory negligence” rule, meaning that if a plaintiff is found to be even slightly at fault, they cannot recover any damages.
Damage Caps: There are no caps on damages for personal injury claims in North Carolina.
34. North Dakota (🌾)
Statute of Limitations: North Dakota has a six-year statute of limitations for personal injury lawsuits.
Comparative Negligence: North Dakota employs a “modified comparative negligence” rule, allowing recovery as long as the plaintiff is less than 50% at fault.
Damage Caps: There are no caps on damages for personal injury claims in North Dakota.
35. Ohio (🏭)
Statute of Limitations: Ohio allows two years from the date of the injury to file a personal injury lawsuit.
Comparative Negligence: Ohio uses a “modified comparative negligence” rule, where plaintiffs can recover damages unless they are more than 50% at fault.
Damage Caps: There are no caps on economic damages, but non-economic damages in medical malpractice cases are capped at $250,000 or three times the economic damages, up to $350,000.
36. Oklahoma (🌪️)
Statute of Limitations: Oklahoma has a two-year statute of limitations for personal injury claims.
Comparative Negligence: Oklahoma employs a “modified comparative negligence” rule, allowing recovery as long as the plaintiff is not more than 50% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Oklahoma.
37. Oregon (🌲)
Statute of Limitations: Oregon has a two-year statute of limitations for personal injury claims.
Comparative Negligence: Oregon follows a “modified comparative negligence” rule, which allows recovery as long as the plaintiff is less than 51% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Oregon.
38. Pennsylvania (🏈)
Statute of Limitations: Pennsylvania has a two-year statute of limitations for personal injury lawsuits.
Comparative Negligence: Pennsylvania employs a “modified comparative negligence” rule, where if a plaintiff is 51% or more at fault, they cannot recover damages.
Damage Caps: There are no caps on damages for personal injury claims in Pennsylvania.
39. Rhode Island (🏖️)
Statute of Limitations: Rhode Island has a three-year statute of limitations for personal injury claims.
Comparative Negligence: Rhode Island follows a “comparative negligence” rule, allowing recovery as long as the plaintiff’s fault is less than 50%.
Damage Caps: There are no caps on damages for personal injury claims in Rhode Island.
40. South Carolina (🏴☠️)
Statute of Limitations: South Carolina has a three-year statute of limitations for personal injury claims.
Comparative Negligence: South Carolina uses a “modified comparative negligence” rule, allowing recovery if the plaintiff is less than 50% at fault.
Damage Caps: There are no caps on damages for personal injury claims in South Carolina.
41. South Dakota (🏞️)
Statute of Limitations: South Dakota has a three-year statute of limitations for personal injury claims.
Comparative Negligence: South Dakota employs a “modified comparative negligence” rule, allowing recovery if the plaintiff is less than 51% at fault.
Damage Caps: There are no caps on damages for personal injury claims in South Dakota.
42. Tennessee (🎸)
Statute of Limitations: Tennessee has a one-year statute of limitations for personal injury claims.
Comparative Negligence: Tennessee uses a “modified comparative negligence” rule, allowing recovery as long as the plaintiff is less than 50% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Tennessee.
43. Texas (🤠)
Statute of Limitations: Texas has a two-year statute of limitations for personal injury lawsuits.
Comparative Negligence: Texas follows a “modified comparative negligence” rule, meaning that if a plaintiff is found to be 51% or more at fault, they cannot recover damages.
Damage Caps: There is a cap on non-economic damages in medical malpractice cases, set at $250,000 per defendant, with a maximum of $750,000 for all defendants.
44. Utah (🏔️)
Statute of Limitations: Utah has a four-year statute of limitations for personal injury claims.
Comparative Negligence: Utah employs a “modified comparative negligence” rule, allowing recovery as long as the plaintiff is less than 51% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Utah.
45. Vermont (🍁)
Statute of Limitations: Vermont has a three-year statute of limitations for personal injury cases.
Comparative Negligence: Vermont uses a “modified comparative negligence” rule, allowing recovery if the plaintiff is less than 51% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Vermont.
46. Virginia (🏰)
Statute of Limitations: Virginia has a two-year statute of limitations for personal injury lawsuits.
Comparative Negligence: Virginia uses a “contributory negligence” rule, meaning if a plaintiff is found to be even slightly at fault, they cannot recover any damages.
Damage Caps: There are no caps on damages for personal injury cases.
47. Washington (🌧️)
Statute of Limitations: Washington has a three-year statute of limitations for personal injury claims.
Comparative Negligence: Washington follows a “pure comparative negligence” rule, allowing recovery regardless of the plaintiff’s level of fault.
Damage Caps: There are no caps on damages for personal injury claims in Washington.
48. West Virginia (⛰️)
Statute of Limitations: West Virginia has a two-year statute of limitations for personal injury lawsuits.
Comparative Negligence: West Virginia uses a “modified comparative negligence” rule, allowing recovery if the plaintiff is less than 50% at fault.
Damage Caps: There are no caps on damages for personal injury claims in West Virginia.
49. Wisconsin (🧀)
Statute of Limitations: Wisconsin has a three-year statute of limitations for personal injury claims.
Comparative Negligence: Wisconsin follows a “modified comparative negligence” rule, allowing recovery as long as the plaintiff is less than 51% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Wisconsin.
50. Wyoming (🐺)
Statute of Limitations: Wyoming has a four-year statute of limitations for personal injury claims.
Comparative Negligence: Wyoming uses a “modified comparative negligence” rule, allowing recovery if the plaintiff is less than 50% at fault.
Damage Caps: There are no caps on damages for personal injury claims in Wyoming.
