Compare personal injury laws across all 50 states. Search by state name, filter by fault rule, and see average car accident settlements, statutes of limitations, and medical malpractice damage caps.
You can recover damages even if you are 99% at fault — your award is simply reduced by your percentage of fault.
You can recover only if you are 50% or less at fault. Your recovery is reduced by your fault %. Most common rule.
Recovery barred if you are 50% or more at fault. Slightly stricter than the 51% bar states.
Any fault on your part — even 1% — completely bars recovery. The harshest rule, used in only 4 states + DC.
This table is a general reference starting point, not a jurisdiction-by-jurisdiction legal treatise. Fault rules and statute-of-limitations periods reflect the framework generally applicable to standard personal injury claims and can have important exceptions — for example, claims against a government entity almost always carry a much shorter notice deadline (often 90–180 days) than the general statute of limitations shown here, and medical malpractice or wrongful death claims can run on a different clock than an ordinary injury claim in the same state. Non-economic damage caps shown for medical malpractice can also be amended by state legislatures or struck down by state courts, as has already happened in several states.
Before relying on any figure in this table for a real decision, confirm current law with a licensed attorney in the relevant state. If you find outdated or incorrect information, please let us know — we review this table periodically but state law changes faster than any reference page can guarantee to track.
| State | Avg. Car Accident Settlement | Fault Rule | PI Statute of Limitations | Med Mal Cap (Non-Econ) | Notable Notes |
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Settlement averages are derived from publicly available industry studies and legal research publications. They represent general market ranges, not guarantees. Individual case outcomes depend on insurance policy limits, injury severity, liability evidence, jurisdiction, and attorney performance. State laws change — always verify current statutes with a licensed attorney in your state. This data is for educational reference only and does not constitute legal advice.
A state-by-state table is a fast way to get oriented before you know what questions to even ask an attorney. It is not a substitute for one. Personal injury law is set and interpreted at the state level — by each state's legislature, its appellate courts, and, in many states, active tort-reform litigation that can change a rule with little public notice. Two neighboring states can treat the same set of facts very differently. Use this page the way you'd use a map before a trip: it tells you the general terrain, not the exact road conditions on the day you drive it.
Comparative and contributory fault rules, filing deadlines, and damage caps are each set independently by state legislatures and shaped by that state's courts. A rule can also differ depending on who you're suing — a private driver, an employer, a hospital, or a government agency each can trigger a different legal framework, even within the same state.
Every state sets a statute of limitations for personal injury claims, and this table lists the general period that commonly applies. What it can't show is every exception: the clock can start on the injury date or on the date you discovered the injury depending on the claim type, and claims against a government entity typically run on a separate, often much shorter, notice deadline. Confirm your specific deadline with an attorney — missing it can end a claim permanently.
The four fault categories in the reference cards above (pure comparative, the two modified comparative variants, and contributory negligence) determine whether — and how much — your own share of fault reduces or eliminates a recovery. Which category your state falls into is one of the single biggest factors in how a claim gets valued, which is why it's worth confirming early with a local attorney.
Non-economic damage caps for medical malpractice claims are some of the most frequently litigated figures in personal injury law. State supreme courts have struck down caps entirely in some states, while other legislatures have raised, lowered, or added automatic annual adjustments. Treat any cap figure as a snapshot, not a permanent rule, and verify it's still in force before relying on it.
Three general starting points: your state bar association's lawyer-referral service (most states run a free or low-cost one), your state legislature's official statutes website, and a direct consultation with a licensed personal injury attorney in your state — the only source who can apply current law to your specific facts.
This page is built to give you a general orientation: which broad fault category your state uses, roughly how much time you may have to act, and whether your state caps certain damages at all. It is not designed to answer whether a specific rule applies to your specific facts, whether an exception changes your deadline, or what your claim is actually worth — those require a licensed attorney.
This lookup tool pairs with our Methodology & Editorial Standards page, which documents exactly where every figure on this site comes from and what assumptions sit behind it. If anything here looks outdated or you spot an error, let us know — we'd rather correct it than have it sit wrong on a live page.
State law dramatically affects what you can recover. A licensed PI attorney in your state knows the local rules, judges, and insurance defense tactics — putting that knowledge to work for you.
Find a PI Attorney in Your State →