Personal Injury FAQs — Your Top Questions Answered

Personal Injury Frequently Asked Questions

Here are the most common questions about personal injury claims, answered clearly and directly.

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How long do I have to file a personal injury claim?

It depends on your state. Most states have a 2-3 year statute of limitations from the date of injury. For government entities, the deadline may be as short as 6 months. Missing this deadline permanently bars your claim.

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Do I need a lawyer for a personal injury claim?

For injuries requiring medical treatment, yes. Studies show represented claimants recover 2-4x more than unrepresented ones, even after attorney fees. For very minor claims under $5,000, you might handle it yourself in small claims court.

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How much does a personal injury lawyer cost?

Most work on contingency — 25-40% of your settlement. You pay nothing unless you win. Case expenses (filing fees, expert witnesses) are also typically covered upfront and deducted from your settlement.

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How long does a personal injury case take?

Simple cases with clear liability: 3-6 months
Moderate cases: 6-18 months
Complex cases: 1-3 years
Cases that go to trial: 2-4 years

95% of cases settle before trial.

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What if I was partially at fault for my accident?

Most states use comparative negligence — you can still recover compensation reduced by your percentage of fault. If you were 20% at fault, you recover 80% of your damages. Some states bar recovery if you were more than 50% at fault.

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Should I accept the insurance company's first offer?

Almost never. First offers are designed to close claims cheaply before you understand the full extent of your injuries and damages. Always consult a lawyer before accepting.

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Can I sue if I was injured at work?

Usually your remedy is workers' compensation. However, if a third party (other than your employer) contributed to your injury, you may be able to file a personal injury lawsuit against them.

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What if the at-fault driver has no insurance?

Your own uninsured/underinsured motorist coverage (UM/UIM) may apply. This is why UM/UIM coverage is so important. You may also be able to pursue the driver personally, though collecting from them is difficult if they have no assets.

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Do I have to go to court?

Only about 5% of personal injury cases go to trial. The vast majority settle through negotiation or mediation. However, having an attorney who is trial-ready makes insurance companies take settlement negotiations more seriously.

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What is pain and suffering?

Non-economic damages for the physical and emotional impact of your injury — not just medical bills. Calculated using a multiplier (1.5x-5x) of your economic damages, depending on severity.

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Can I claim for emotional distress?

Yes. PTSD, anxiety, depression, and emotional trauma from accidents are compensable damages. They're typically included in pain and suffering calculations.

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What is the difference between a settlement and a verdict?

A settlement is an agreement between parties outside of court. A verdict is a court's decision after trial. Settlements are more certain and faster; verdicts can be higher but riskier.

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What happens if I miss my doctor's appointments?

It hurts your claim significantly. Gaps in treatment suggest your injuries aren't as serious as claimed. Insurers point to missed appointments to justify reducing or denying your claim.

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Can I still file a claim if I didn't seek medical treatment right away?

Yes, but it weakens your case. Delayed treatment creates arguments that your injuries were pre-existing or not caused by the accident. Seek medical attention as soon as possible, even if delayed.

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What should I do if the insurance company calls me?

Be polite but don't give detailed statements. Say you're represented by an attorney (or planning to consult one). Do not agree to recorded statements. Contact a personal injury lawyer before any substantive conversations.