Immediate Deadlines
- Notify your own insurance carrier:Within 24-72 hours (per most policy terms)
- Government claim filing (if at-fault is public entity):Often 6 months from injury (CA, others)
- Personal injury statute of limitations:1-6 years depending on state (most states: 2-3 years)
Documents You'll Need
- Police, incident, or accident report
- Photos and videos of the scene, vehicles, injuries, and surroundings
- All medical records, bills, prescriptions, imaging, and physical therapy records
- Pay stubs, tax returns, and employer letters documenting lost wages
- Property damage estimates and repair receipts
- Insurance policy declarations pages (yours and at-fault party's if known)
- Contact info for witnesses and any first responders
Step-by-Step
Get medical attention immediately
See a doctor the same day or next day if at all possible — even if you feel okay. Adrenaline masks injuries; many soft-tissue and head injuries don't manifest for hours or days. Gaps in treatment are the insurance industry's favorite argument to reduce settlements ('if you were really hurt, you'd have seen a doctor'). Follow through with all referrals — physical therapy, specialists, imaging.
Document everything from the scene
Photograph: vehicle positions, damage from multiple angles, license plates, skid marks, road conditions, weather, traffic signs/signals, your injuries (and continue photographing as bruises appear over days). Get witness names and phone numbers — they disappear quickly. Note the responding officer's name and report number. If it's a slip-and-fall, photograph the hazard before the property owner fixes it.
Notify insurance and report the incident
Tell your own insurer promptly (most policies require it). For a car accident, file the state-required report (varies; usually if damages exceed $500-$1,000 or injury occurred). Do NOT discuss fault or injuries beyond basic facts. Do NOT give the at-fault party's insurer a recorded statement — you have no legal obligation to and they will use it against you.
Investigate liability and identify all responsible parties
Don't assume only the obvious defendant is liable. Car accidents may involve employer liability (if driver was on the job), vehicle owner (if different from driver), bar liability (dram shop laws), or municipalities (defective roads, signals). Premises cases may involve property owner, manager, contractor, and security companies. Identifying all 'pockets' is critical — single defendants may be uninsured or underinsured.
Reach maximum medical improvement before settling
Maximum Medical Improvement (MMI) is when your condition has stabilized — either fully recovered or treatment can do no more. Settling before MMI is a major mistake because you can't reopen the claim if injuries worsen. Get a final examination, surgical opinions if needed, and a life-care plan for permanent injuries. Typical timeline: 6-18 months for soft tissue, 12-36 months for surgical injuries.
Send a demand letter to the insurer
After MMI, your attorney sends a demand package: liability narrative, complete medical records, billing summary, lost-wage documentation, photos, and a settlement demand. Demand is usually 2-3x what you'd actually accept. The insurer responds with a counteroffer (typically 20-40% of demand). Negotiation proceeds back and forth over weeks or months. Most cases settle here.
File a lawsuit if settlement fails
If negotiations stall or the statute is about to run, file a complaint in state or federal court. Defendant typically removes to federal court if diversity jurisdiction exists (over $75,000 and parties in different states). The case enters discovery: depositions, medical exams, expert disclosures. Mediation is often required. Trials happen 12-36 months after filing; only ~5% of personal injury cases reach trial.
How This Varies by State
Statute of limitations: KY 1 year (shortest); CA, TX 2 years; FL 4 years; NY 3 years; ME 6 years (longest). Comparative fault rules: 'pure comparative' (CA, FL, NY) reduces recovery by your percentage of fault but allows recovery even at 99% at-fault; 'modified comparative' (most states) bars recovery if you're 50% or 51%+ at-fault; 'pure contributory' (AL, MD, NC, VA, DC) bars recovery at ANY fault. Damage caps: many states cap non-economic damages in medical malpractice ($250K-$750K) but not in most other cases. No-fault auto states (FL, NY, MI, MA, others) limit when you can sue.
Federal Law Considerations
Federal claims arise in: maritime injuries (Jones Act, general maritime law), railroad worker injuries (FELA), federal employee injuries (FECA), product liability if diversity exists, and tort claims against the federal government (FTCA — requires administrative claim within 2 years, suit within 6 months of denial). Federal Tort Claims Act has unique procedural requirements that bar many otherwise-valid claims. ERISA preempts some health-insurance-related claims. Medicare and Medicaid have super-priority liens on personal injury settlements that must be resolved before disbursement.
Common Mistakes to Avoid
- Giving a recorded statement to the at-fault insurer (used to minimize your claim)
- Posting about the accident or your activities on social media (insurers monitor)
- Accepting a quick settlement offer before knowing the extent of injuries
- Stopping medical treatment because of cost or feeling 'mostly better'
- Signing a medical authorization that lets the insurer pull your lifetime records
Official Resources
Related Resources on This Site
Forms
- personal injury demand
- release of claims
When to Get a Lawyer
- Any injury requiring more than initial emergency room treatment
- Disputed liability or shared-fault scenarios
- Cases against government entities (short claim deadlines, special procedures)
- Medical malpractice, product liability, or premises cases (require expert witnesses)
Frequently Asked Questions
How much is my case worth?
Should I take the insurance company's first offer?
Do I need a lawyer for a small case?
What if the at-fault driver has no insurance?
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.