Tag
Personal Injury
57 posts tagged Personal Injury, newest first.
PI Demand Draft Generator on LawSensai: Policy Limit, Treatment Summary, and Liability Narrative
The LawSensai PI Demand Draft Generator drafts the personal injury demand letter by combining the policy limit, a treatment summary, and the liability narrative. State-specific rules come from pi_state_rules. This post explains how the draft is built.
How to Negotiate a Settlement With a Car Insurance Adjuster: Demand Letter, Evidence Package, and the Back-and-Forth
Settling a car accident claim with an insurance adjuster is a structured negotiation, not a conversation. This guide walks through assembling the evidence package, drafting a demand letter, and managing the offer and counteroffer back-and-forth without undercutting the claim.
Medical Malpractice Basics: The Four Elements, Statute of Limitations, and the Expert Affidavit Step
Medical malpractice cases hinge on four elements that must all line up before a court will hear the claim. This guide walks through duty, breach, causation, and damages, explains how the statute of limitations narrows the filing window, and shows where the expert affidavit fits.
Slip and Fall Injury Claims: Premises Liability, Comparative Negligence, and Notice Rules Explained
Slip and fall cases turn on three questions. Did the property owner owe a duty, did the dangerous condition exist long enough to put the owner on notice, and did the injured person share fault. This post walks through how each piece fits.
Statute of limitations for personal injury claims: the state-by-state framework
The statute of limitations for personal injury claims ranges from one year to six years and follows different rules for different defendants. This post explains the deadlines, the discovery rule, government notice rules, and how to confirm your state's window.
What to do after a car accident: scene, records, insurance, and the 30-day window that actually matters
The choices made in the first hours and the first thirty days after a car accident shape the medical record, the insurance claim, and any later personal injury case. This post covers scene steps, documentation, insurance notice, and the deadlines that matter most.
How LawSens.ai Builds a State-Aware Personal Injury Demand Letter Without a Lawyer in the Room
Most generic demand-letter templates miss the state-specific rules that move offers: the statute of limitations clock, the comparative-fault posture, the no-fault thresholds, and the tort-claim notice windows. The Personal Injury Recovery Center builds a demand keyed to the jurisdiction where the crash happened, with citations the insurer recognizes.
Vermont Personal Injury Statute of Limitations: 2026 Window, VTCA Six-Month Notice, and Common Pitfalls
Vermont's general personal-injury statute of limitations is three years under 12 V.S.A. 512. The traps: a six-month notice under the Vermont Tort Claims Act (12 V.S.A. 5601) for state defendants, the modified 51% comparative-negligence bar under 12 V.S.A. 1036, and a $500,000 cap on state tort recoveries.
West Virginia Personal Injury Statute of Limitations: 2026 Window, 30-Day Court of Claims Notice, and Common Pitfalls
West Virginia's general personal-injury statute of limitations is two years under W. Va. Code 55-2-12. The biggest trap is the 30-day notice deadline for claims against the State filed with the West Virginia Legislative Claims Commission. West Virginia applies a modified comparative-fault rule with a 50% bar.
Virginia Personal Injury Statute of Limitations: 2026 Window, Contributory Negligence Bar, and VTCA One-Year Notice
Virginia's general personal-injury statute of limitations is two years under Va. Code 8.01-243. The traps: pure contributory negligence (any fault by the plaintiff is a complete bar), a one-year Virginia Tort Claims Act notice under Va. Code 8.01-195.6, and a six-month notice for local-government claims under Va. Code 15.2-209.
Utah Personal Injury Statute of Limitations: 2026 Window, UGIA One-Year Notice, and Common Pitfalls
Utah's general personal-injury statute of limitations is four years under Utah Code 78B-2-307(3). The biggest trap is the Utah Governmental Immunity Act one-year notice requirement under Utah Code 63G-7. Utah applies a modified comparative-fault rule with a 50% bar and no-fault PIP.
Wyoming Personal Injury Statute of Limitations: 2026 Window, Wyoming Governmental Claims One-Year Notice, and Common Pitfalls
Wyoming's general personal-injury statute of limitations is four years under W.S. 1-3-105. The traps: a one-year written notice under the Wyoming Governmental Claims Act (W.S. 1-39-113), modified comparative fault with a 51% bar under W.S. 1-1-109, and an additional constitutional certificate-of-claim requirement requiring proper presentment to the governmental entity.
Rhode Island Personal Injury Statute of Limitations: 2026 Window, Pure Comparative Negligence, and Government Immunity
Rhode Island's general personal-injury statute of limitations is three years under R.I. Gen. Laws 9-1-14. The traps: pure comparative negligence under R.I. Gen. Laws 9-20-4 (no comparative-fault bar), sovereign-immunity caps on state and municipal liability, and the discovery rule that runs from when the injury reasonably should have been discovered.
Tennessee Personal Injury Statute of Limitations: 2026 Window, One-Year SOL Trap, and Common Pitfalls
Tennessee's general personal-injury statute of limitations is one year under Tenn. Code Ann. 28-3-104, among the shortest in the nation. Tennessee applies a modified comparative-fault rule with a 50% bar adopted in McIntyre v. Balentine. The Governmental Tort Liability Act sets a one-year SOL for local government claims.
Wisconsin Personal Injury Statute of Limitations: 2026 Window, WMSTA 120-Day Notice + 51% Bar, and Common Pitfalls
Wisconsin's general personal-injury statute of limitations is three years under Wis. Stat. 893.54. The traps: a 120-day notice of claim under the Wisconsin Municipal and State Tort Acts (Wis. Stat. 893.80 and 893.82), modified comparative fault with a 51% bar under Wis. Stat. 895.045, and a separate medmal SOL with statute of repose under Wis. Stat. 893.55.
New Jersey Personal Injury Statute of Limitations: 2026 Window, Verbal vs Unlimited Tort Election, and Common Pitfalls
New Jersey's general personal-injury statute of limitations is two years under N.J.S.A. 2A:14-2. The traps: a 90-day notice under the New Jersey Tort Claims Act (N.J.S.A. 59:8-8), the modified 51% comparative-negligence bar, and the verbal-tort-vs-unlimited-tort election under N.J.S.A. 39:6A-8 that bars most pain-and-suffering claims for verbal-tort drivers.
South Carolina Personal Injury Statute of Limitations: 2026 Window, SCTCA Notice and 51% Bar, and Common Pitfalls
South Carolina's general personal-injury statute of limitations is three years under SC Code 15-3-530. The biggest trap is the South Carolina Tort Claims Act two-year notice/SOL for government claims under SC Code 15-78. South Carolina applies a modified comparative-fault rule with a 51% bar.
Washington Personal Injury Statute of Limitations: 2026 Window, 60-Day Pre-Suit Notice, and Common Pitfalls
Washington's general personal-injury statute of limitations is three years under RCW 4.16.080. The traps: a 60-day pre-suit claim filing under RCW 4.96 for local government claims, a Chapter 4.92 claim against the State, pure comparative fault under RCW 4.22.005, and a Section 7.70 medmal expert-affidavit framework.
South Dakota Personal Injury Statute of Limitations: 2026 Window, Slight-vs-Gross Negligence, and Common Pitfalls
South Dakota's general personal-injury statute of limitations is three years under SDCL 15-2-14. The traps: South Dakota is one of the last states using a slight-versus-gross negligence rule under SDCL 20-9-2, a 180-day notice requirement under the Public Entity Pool for Liability framework (SDCL 3-21), and a separate medmal SOL under SDCL 15-2-14.1.
New Hampshire Personal Injury Statute of Limitations: 2026 Window, BRM 180-Day Notice, and Common Pitfalls
New Hampshire's general personal-injury statute of limitations is three years under RSA 508:4. The traps: a 180-day Board of Risk Management (BRM) notice for state-level claims, the modified 51% comparative-negligence bar under RSA 507:7-d, and the discovery-rule overlay that runs from when the injury reasonably should have been discovered.
Oklahoma Personal Injury Statute of Limitations: 2026 Window, OGTCA One-Year Notice, and Common Pitfalls
Oklahoma's general personal-injury statute of limitations is two years under 12 O.S. section 95(A)(3). The biggest trap is the Oklahoma Governmental Tort Claims Act 1-year notice requirement under 51 O.S. section 156. Oklahoma applies a modified comparative-fault rule with a 50% bar.
Oregon Personal Injury Statute of Limitations: 2026 Window, OTCA 180-Day Notice, and Common Pitfalls
Oregon's general personal-injury statute of limitations is two years under ORS 12.110. The traps: a 180-day tort claim notice under the Oregon Tort Claims Act (ORS 30.275), modified comparative fault with a 50% bar under ORS 31.600, and PIP no-fault benefits under ORS 742.520.
Nebraska Personal Injury Statute of Limitations: 2026 Window, NPTCA One-Year Notice, and Common Pitfalls
Nebraska's general personal-injury statute of limitations is four years under Neb. Rev. Stat. 25-207. The traps: a one-year written notice requirement under the Nebraska Political Subdivisions Tort Claims Act (Neb. Rev. Stat. 13-919) and the State Tort Claims Act (Neb. Rev. Stat. 81-8,212), modified comparative fault with a 50% bar under Neb. Rev. Stat. 25-21,185.09, and a separate medmal SOL under Neb. Rev. Stat. 25-222.
Maine Personal Injury Statute of Limitations: 2026 Window, Long Six-Year SOL, and MTCA 180-Day Notice
Maine's general personal-injury statute of limitations is six years under 14 M.R.S. 752, one of the longest windows in the country. The traps: a 180-day notice under the Maine Tort Claims Act (14 M.R.S. 8107) for government defendants, the modified 50% comparative-negligence bar under 14 M.R.S. 156, and a $400,000 MTCA damage cap on most government claims.
Mississippi Personal Injury Statute of Limitations: 2026 Window, MTCA 90-Day Notice, and Common Pitfalls
Mississippi's general personal-injury statute of limitations is three years under Miss. Code 15-1-49. The biggest trap is the Mississippi Tort Claims Act 90-day pre-suit notice requirement for claims against state and local government entities. Mississippi applies pure comparative fault under Miss. Code 11-7-15.
New Mexico Personal Injury Statute of Limitations: 2026 Window, NMTCA 90-Day Notice, and Common Pitfalls
New Mexico's general personal-injury statute of limitations is three years under NMSA 37-1-8. The traps: a 90-day notice of claim under the New Mexico Tort Claims Act (NMSA 41-4-16), pure comparative fault under Scott v. Rizzo, and statutory damages caps on government claims under NMSA 41-4-19.
North Dakota Personal Injury Statute of Limitations: 2026 Window, Long SOL vs Short Government Notice, and Common Pitfalls
North Dakota's general personal-injury statute of limitations is six years under NDCC 28-01-16, one of the longest in the country. The traps: a 180-day notice requirement under the State Tort Claims Act (NDCC 32-12.2) and the Political Subdivision Tort Claims Act (NDCC 32-12.1), modified comparative fault with a 50% bar under NDCC 32-03.2-02, and damage caps on government claims.
Maryland Personal Injury Statute of Limitations: 2026 Window, Contributory Negligence Bar, and MGTCA One-Year Notice
Maryland's general personal-injury statute of limitations is three years under Md. Code, Cts. and Jud. Proc. 5-101. The traps: pure contributory negligence (any fault by the plaintiff is a complete bar), a one-year MGTCA notice for local-government claims, and a one-year notice under the Maryland Tort Claims Act for State defendants.
Louisiana Personal Injury Statute of Limitations: 2026 Window, One-Year Prescription Trap, and Common Pitfalls
Louisiana's general personal-injury prescription is one year under LA C.C. art. 3492, the shortest in the nation alongside Tennessee and Kentucky. Louisiana uses civil-law terminology (prescription, not statute of limitations) and follows pure comparative fault. Government claims require notice through LA R.S. 13:5106 et seq.
Nevada Personal Injury Statute of Limitations: 2026 Window, NTCA Notice Window, and Common Pitfalls
Nevada's general personal-injury statute of limitations is two years under NRS 11.190(4)(e). The traps: a two-year written notice of claim under the Nevada Tort Claims Act, modified comparative fault with a 51% bar under NRS 41.141, and a strict NRS 41.035 statutory damages cap on government claims.
Missouri Personal Injury Statute of Limitations: 2026 Window, Five-Year SOL and 90-Day MTCA Notice, and Common Pitfalls
Missouri's general personal-injury statute of limitations is five years under RSMo 516.120, one of the longest in the country. The traps: a 90-day notice requirement for claims against municipalities under RSMo 537.600, pure comparative fault under RSMo 537.765, a two-year medmal SOL with statute of repose under RSMo 516.105, and an affidavit-of-merit requirement under RSMo 538.225.
Montana Personal Injury Statute of Limitations: 2026 Window, MGTCA One-Year Notice, and Common Pitfalls
Montana's general personal-injury statute of limitations is three years under MCA 27-2-204. The traps: a one-year notice of claim under the Montana Governmental Tort Claims Act, modified comparative fault with a 50% bar under MCA 27-1-702, and a two-year wrongful-death window under MCA 27-2-204(2).
Minnesota Personal Injury Statute of Limitations: 2026 Window, PIP Tort Threshold + 6-Year SOL, and Common Pitfalls
Minnesota''s general personal-injury statute of limitations is six years under Minn. Stat. 541.05, subd. 1(5). The traps: a no-fault Personal Injury Protection (PIP) regime under Minn. Stat. chapter 65B with a strict tort threshold, a 180-day notice for municipal claims under Minn. Stat. 466.05, a four-year SOL for medical malpractice, and a modified comparative-fault 51% bar under Minn. Stat. 604.01.
Kentucky Personal Injury Statute of Limitations: 2026 Window, 1-Year SOL + No-Fault PIP, and Common Pitfalls
Kentucky's general personal-injury statute of limitations is one year under KRS 413.140(1)(a). The combined trap: a very short one-year window plus a no-fault Personal Injury Protection (PIP) system under KRS 304.39 that requires Kentucky claimants to either accept basic reparation benefits or formally reject no-fault to preserve traditional tort rights.
Massachusetts Personal Injury Statute of Limitations: 2026 Window, PIP Tort Threshold + MTCA Notice, and Common Pitfalls
Massachusetts' general personal-injury statute of limitations is three years under M.G.L. c.260 s.4. The traps: a two-year MTCA presentment to the public employer under M.G.L. c.258 s.4, a modified 51% comparative-fault bar under M.G.L. c.231 s.85, and the PIP tort threshold under M.G.L. c.231 s.6D that gates pain-and-suffering recovery in auto cases.
Idaho Personal Injury Statute of Limitations: 2026 Window, the ITCA 180-Day Notice, and Common Pitfalls
Idaho's general personal-injury statute of limitations is two years under Idaho Code 5-219. The traps: a 180-day Notice of Tort Claim under the Idaho Tort Claims Act (Idaho Code 6-906 for State, 6-906 / 6-908 for political subdivisions), modified comparative-fault with a 50% bar under Idaho Code 6-801, and a two-year medmal SOL under Idaho Code 5-219(4) with a short discovery rule.
Kansas Personal Injury Statute of Limitations: 2026 Window, KTCA 120-Day Notice, and Common Pitfalls
Kansas''s general personal-injury statute of limitations is two years under K.S.A. 60-513(a)(4). The traps: a 120-day Kansas Tort Claims Act notice to municipalities under K.S.A. 12-105b(d), a modified comparative-fault 50% bar under K.S.A. 60-258a, a 10-year medmal statute of repose, and the Kansas no-fault Personal Injury Protection (PIP) regime.
Hawaii Personal Injury Statute of Limitations: 2026 Window, the PIP Tort Threshold, and Common Pitfalls
Hawaii's general personal-injury statute of limitations is two years under HRS 657-7. The traps: Hawaii is a no-fault auto-insurance state under HRS 431:10C with a tort threshold, modified comparative-fault with a 51% bar under HRS 663-31, and the Tort Liability Act requires a written claim against the State or county within two years.
Arkansas Personal Injury Statute of Limitations: 2026 Window, Claims Commission 1-Year Window, and Common Pitfalls
Arkansas's general personal-injury statute of limitations is three years under Ark. Code section 16-56-105. The trap: claims against the State of Arkansas must be filed with the Arkansas Claims Commission within one year of accrual, and Arkansas applies a modified comparative-fault rule with a 50% bar (plaintiffs 50% or more at fault recover nothing).
Delaware Personal Injury Statute of Limitations: 2026 Window, 30-Day Government Notice + 2-Year SOL, and Common Pitfalls
Delaware's general personal-injury statute of limitations is two years under 10 Del. C. 8119. The traps: a one-year notice to the State under the Delaware Tort Claims Act, a modified 51% comparative-fault bar under 10 Del. C. 8132, and stacked PIP/UM thresholds that compress the practical decision window.
Indiana Personal Injury Statute of Limitations: 2026 Window, 180-Day ITCA Notice, and Common Pitfalls
Indiana's general personal-injury statute of limitations is two years under Indiana Code 34-11-2-4. The traps: a 180-day Indiana Tort Claims Act notice for political subdivisions and a 270-day notice for the State under IC 34-13-3-6 to 34-13-3-8, a modified comparative-fault 51% bar under IC 34-51-2-6, and the Medical Malpractice Act with its damage caps and Patient's Compensation Fund.
Alabama Personal Injury Statute of Limitations: 2026 Window, Contributory Negligence Bar, and Common Pitfalls
Alabama's general personal-injury statute of limitations is two years under Ala. Code section 6-2-38(l). The trap most plaintiffs do not see coming: Alabama is one of only a handful of states still applying pure contributory negligence, which bars recovery entirely if the plaintiff is even 1% at fault.
Colorado Personal Injury Statute of Limitations: 2026 Window, the Two-Track MV vs Premises SOL, and Common Pitfalls
Colorado's personal-injury statute of limitations is two-track: three years for motor-vehicle injury claims under CRS 13-80-101(1)(n)(I) and two years for most other PI claims under CRS 13-80-102. The traps: the 182-day Notice of Claim under the Colorado Governmental Immunity Act, modified comparative-fault with a 50% bar under CRS 13-21-111, and a three-year medmal SOL with a discovery rule.
Connecticut Personal Injury Statute of Limitations: 2026 Window, Highway Defect 6-Month Notice, and Common Pitfalls
Connecticut's general personal-injury statute of limitations is two years under Conn. Gen. Stat. 52-584. The traps: a six-month CGS 13a-149 notice for highway/sidewalk defect claims against a municipality, a modified 51% comparative-fault bar under CGS 52-572h, and a three-year statute of repose that runs from the act or omission, not discovery.
Arizona Personal Injury Statute of Limitations: 2026 Window, the 180-Day Notice of Claim, and Common Pitfalls
Arizona's general personal-injury statute of limitations is two years under ARS 12-542. The traps: a 180-day Notice of Claim under ARS 12-821.01 for any government defendant, a one-year SOL for claims against public entities under ARS 12-821, pure comparative-fault under ARS 12-2505, and a medical-malpractice 2-year SOL with a discovery rule.
Iowa Personal Injury Statute of Limitations: 2026 Window, ITCA 6-Month Notice, and Common Pitfalls
Iowa's general personal-injury statute of limitations is two years under Iowa Code 614.1(2). The traps: a six-month Iowa Tort Claims Act notice to the State under Iowa Code chapter 669, a parallel six-month municipal-tort notice under Iowa Code chapter 670, and a modified comparative-fault 51% bar under Iowa Code 668.3.
Alaska Personal Injury Statute of Limitations: 2026 Window, the DPS Notice Trap, and Common Pitfalls
Alaska's general personal-injury statute of limitations is two years under AS 09.10.070. The traps: Alaska is a pure comparative-fault state under AS 09.17.060, the Alaska State Tort Claims Act requires a written claim before suit under AS 09.50.250, the medical-malpractice SOL runs two years with a discovery rule under AS 09.10.070, and maritime and ferry-system claims may run under a different federal clock entirely.
North Carolina Personal Injury Statute of Limitations: 2026 Window, Pure Contributory Negligence, and Common Pitfalls
North Carolina's general personal-injury statute of limitations is three years under NCGS 1-52(16), with a two-year SOL for wrongful death under NCGS 1-53(4). The defining feature of NC PI practice is the pure-contributory-negligence rule: even 1% plaintiff fault is a complete bar to recovery. State claims go through the Industrial Commission under a $1M cap; medmal requires a Rule 9(j) certificate.
Michigan Personal Injury Statute of Limitations: 2026 Window, No-Fault Threshold, and Common Pitfalls
Michigan's general personal-injury statute of limitations is three years under MCL 600.5805. The traps: a one-year SOL on PIP benefits under MCL 500.3145, the no-fault serious-impairment threshold under MCL 500.3135, a 120-day notice for highway-defect claims, a 60-day Court of Claims notice, a 182-day medmal NOI, and a six-year medmal repose. Kandil-Elsayed v. F & E Oil (2023) narrowed the open-and-obvious doctrine.
Georgia Personal Injury Statute of Limitations: 2026 Window, Ante-Litem Notice, and Common Pitfalls
Georgia's general personal-injury statute of limitations is two years under OCGA 9-3-33. The traps: a six-month ante-litem notice to Georgia municipalities, a 12-month ante-litem to the State and to counties, a five-year medmal statute of repose under OCGA 9-3-71, the Rule 9.1 expert affidavit, and a modified 50% comparative-fault bar (not 51%).
Pennsylvania Personal Injury Statute of Limitations: 2026 Window, MVFRL Tort Election, and Common Pitfalls
Pennsylvania's general personal-injury statute of limitations is two years under 42 Pa.C.S. section 5524(2). The traps: the MVFRL limited-tort election barring most pain-and-suffering recovery for auto-injury claimants, a six-month notice to Commonwealth agencies, a seven-year MCARE statute of repose for medmal, the Fair Share Act's end to joint-and-several liability in most cases, and the 51% modified-comparative-fault bar.
Ohio Personal Injury Statute of Limitations: 2026 Window, the 1-Year Medmal SOL, and Common Pitfalls
Ohio's general personal-injury statute of limitations is two years under ORC 2305.10. The big trap: medical-malpractice claims have a one-year SOL under ORC 2305.113, one of the shortest in the country, but the 180-day-letter option can extend it. This post covers the one-year medmal window, the political-subdivision SOL under ORC 2744.04, dog-bite strict liability under ORC 955.28, and the 51% comparative-fault bar.
Illinois Personal Injury Statute of Limitations: 2026 Window, the 1-Year Tort Immunity Trap, and Common Pitfalls
Illinois's general personal-injury statute of limitations is two years under 735 ILCS 5/13-202. The single biggest trap in Illinois PI practice: claims against local public entities (cities, counties, park districts, school districts, transit authorities) carry a one-year SOL under the Tort Immunity Act (745 ILCS 10/8-101). Miss it and the case ends even though the general two-year clock has not run.
Texas Personal Injury Statute of Limitations: 2026 Window, Exceptions, and Common Pitfalls
Texas's general personal-injury statute of limitations is two years from the date of injury under CPRC 16.003. The traps are around it: a six-month notice to a city, county, or state agency under the Texas Tort Claims Act, a 60-day pre-suit notice for medical malpractice with a 10-year statute of repose, and a 51% modified-comparative-fault bar that ends cases if the plaintiff is more than half at fault.
New York Personal Injury Statute of Limitations: 2026 Window, Notice-of-Claim Trap, and Common Pitfalls
New York's general personal-injury statute of limitations is three years from the date of injury under CPLR 214(5). The traps are everywhere: a 90-day notice of claim to a municipal corporation under GML 50-e plus a 1-year-90-day suit deadline under GML 50-i, a 2.5-year medmal SOL, a 2-year wrongful-death window under EPTL 5-4.1, Lavern's Law for cancer misdiagnosis, and the serious-injury threshold for no-fault auto cases.
Florida Personal Injury Statute of Limitations: 2026 Window, HB 837, and Common Pitfalls
Florida's general personal-injury statute of limitations is two years from the date of injury under section 95.11(4)(a), as amended by HB 837. Pre-March-24-2023 accidents keep the 4-year SOL. Florida is also a no-fault auto state with PIP, a serious-injury tort threshold under section 627.737(2), a 14-day PIP rule, and a 90-day medmal pre-suit notice. This post walks every deadline and the HB 837 trap that ends Florida cases early.
California Personal Injury Statute of Limitations: 2026 Window, Exceptions, and Common Pitfalls
California's general personal-injury statute of limitations is two years from the date of injury under CCP 335.1. The exceptions are where cases die: a six-month government-claim deadline, the MICRA three-year-or-one-year medical-malpractice window, minor tolling, and the discovery rule. This post walks each one, plus what California's pure-comparative-fault rule means for a real case in 2026.