If applicable a Notice of Claim must be filed for a government entity or municipalities.
Filing suit - a complaint is filed, which must happen before the stautue of limitations expires.
If your case does reach a verdict, the jury allocates fault as a percentage - and your state's comparative negligence rule then governs what that allocation does to your award. In a modified comparative state, crossing the 50% or 51% threshold takes you from a reduced recovery to nothing at all. In a contributory negligence state, any fault at all can do it. That's why fault allocation is fiercely contested.
Every claim is different. Find out what yours could be worth.
A few details about your accident can help you understand what your claim may be worth. Answer a few quick questions to get an estimate based on what happened and where it took place.
- Liability is clear and undisputed, with a police report or equivalent supporting your account.
- Injuries were minor and have fully resolved, with no expectation of future treatment.
- Medical bills and lost income are modest and fully documented.
- No fault is being assigned to you.
- The offer on the table is already within a defensible range for your documented damages.
- Any permanent impairment, surgery, or ongoing treatment requirement.
- Disputed liability, or any fault being assigned to you - especially in a contributory negligence or modified comparative state.
- A government entity, employer, or manufacturer among the potential defendants.
- Significant future medical care or lost earning capacity, which are the hardest damages to value and prove.
- A medical malpractice claim, which requires expert testimony and often faces statutory caps.
- An offer far below your documented damages, or an adjuster who will not justify the gap in writing.
Not sure which of these applies to you?
- Bureau of Justice Statistics / NCSC - Civil Justice Survey of State Courts
- Insurance Research Council - Attorney Involvement in Auto Injury Claims (2014)
- Matthiesen, Wickert & Lehrer, S.C. - Comparative Fault Laws in All 50 States