Personal Injury Frequently Asked Questions

The value of a personal injury case is determined by several key factors: the severity and permanence of your injuries, total medical expenses (current and future), lost wages and loss of earning capacity, pain and suffering, and whether the at-fault party's conduct warrants punitive damages. Minor soft tissue injury cases often settle in the $10,000–$75,000 range. Moderate injuries requiring surgery may yield $75,000–$500,000. Severe or catastrophic injuries — spinal cord damage, traumatic brain injury, loss of limb — can result in settlements or verdicts of $1 million or more. An experienced attorney is the best person to evaluate the full value of your specific case.

Personal injury victims can typically recover two main categories of damages. Economic damages are concrete financial losses: medical bills, future medical treatment, lost wages, diminished earning capacity, property damage, and out-of-pocket expenses. Non-economic damages cover intangible harms: pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium (impact on your relationship with your spouse), and permanent disability or disfigurement. In cases involving reckless or intentional misconduct, courts may also award punitive damages designed to punish the defendant.

Generally, compensatory damages received for physical personal injury or physical sickness are not taxable under IRS rules. This includes medical expense reimbursements, lost wages compensating for a physical injury, and pain and suffering payments. However, punitive damages are taxable, as are emotional distress damages not connected to a physical injury, and interest earned on a settlement. We strongly recommend consulting a tax professional for your specific situation.

The vast majority of personal injury cases — approximately 95–97% — settle before trial. Going to trial is time-consuming, expensive, and uncertain for both parties, so most cases resolve through negotiation. However, if the insurance company refuses to offer a fair settlement, we are fully prepared and willing to take your case to trial. Sometimes simply filing suit and preparing for trial is enough to motivate the insurer to settle fairly.

The deadline to file a personal injury lawsuit is called the statute of limitations. It varies significantly by state: Kentucky, Louisiana, and Tennessee allow only 1 year. Most states — including California, New York, Florida, Texas, and Illinois — allow 2–3 years. Maine and North Dakota allow up to 6 years. The clock typically starts on the date of the accident. Missing this deadline permanently bars you from recovering any compensation, regardless of how strong your case is. Contact an attorney immediately to determine your specific deadline.

Yes. Several important exceptions can extend or pause (toll) the statute of limitations: The discovery rule applies when the injury wasn't immediately apparent — the clock may start when you discovered or should have discovered the injury. Cases involving minors are typically tolled until the child turns 18. Claims against government entities often require early notice (sometimes as short as 60–90 days) and have different deadlines. Mental incapacitation may toll the statute. Fraud by the defendant that concealed the injury may also extend the deadline. An attorney can evaluate whether any exceptions apply in your case.

Timeline varies widely based on case complexity. Simple, clear-liability cases with limited injuries can settle in 3–6 months. The majority of cases resolve within 6–18 months. Complex cases involving severe injuries, multiple defendants, disputed liability, or cases that require filing suit may take 2–4 years. We recommend reaching "maximum medical improvement" (MMI) — when your doctors determine your condition has stabilized — before settling, so you receive full compensation for all your injuries.

You are not legally required to hire an attorney, but studies consistently show that injury victims represented by attorneys recover significantly more — often 3–4 times more — than those who handle claims themselves. Insurance companies employ experienced adjusters whose sole job is to minimize your payout. An experienced personal injury attorney knows exactly how to value claims, gather the right evidence, counter lowball offers, and fight for maximum compensation. Most personal injury attorneys work on contingency, so there is no financial risk to hiring one.

A contingency fee agreement means you pay your attorney nothing upfront and nothing unless you win. The attorney's fee is a percentage of your recovery — typically 33% if the case settles and 40% if it goes to trial. All litigation costs (filing fees, expert witnesses, depositions, investigation) are advanced by the attorney and repaid from the settlement. If you don't win, you owe nothing. This arrangement ensures your attorney is fully motivated to maximize your recovery.

Comparative negligence is a legal doctrine that reduces your compensation by your percentage of fault in an accident. In pure comparative negligence states (like California and New York), you can recover damages even if you were 99% at fault — just reduced by your share. In modified comparative negligence states (most states), you cannot recover if you were 50% or 51% or more at fault. In contributory negligence states (Alabama, Maryland, North Carolina, Virginia, and Washington DC), you cannot recover anything if you were even 1% at fault — making attorney representation critical in those states.

No. You should never give a recorded statement to the at-fault party's insurance company without first consulting an attorney. Insurance adjusters are skilled at asking questions designed to elicit statements that can be used to minimize or deny your claim. You are generally required to cooperate with your own insurance company, but even then, it is wise to consult an attorney first. Simply tell the other party's insurer that you will be represented by counsel and direct all further communications to your attorney.

A pre-existing condition does not eliminate your right to compensation. The "eggshell plaintiff" doctrine holds that defendants must take victims as they find them — meaning if the accident aggravated or worsened a pre-existing condition, you can recover for that aggravation. Insurance companies will use your medical history to try to reduce your claim, which is exactly why having an experienced attorney is essential. We will work with medical experts to clearly document which aspects of your condition were worsened by the accident.

A gap in medical treatment can hurt your case because insurance companies argue that if you were truly injured, you would have sought immediate medical care. However, gaps don't destroy your case — many injuries, like whiplash and soft tissue injuries, don't become symptomatic until 24–72 hours after the accident. The most important thing you can do now is to seek medical attention immediately, even if significant time has passed. Explain all your symptoms and when they started, and be consistent in following your treatment plan.

Maximum medical improvement (MMI) is the point at which your treating doctor determines that your medical condition has stabilized and is unlikely to improve significantly with further treatment. It is generally advisable to wait until you reach MMI before settling your case, because once you accept a settlement, you cannot go back and ask for more money — even if your condition later worsens. Settling too early may leave you without compensation for future medical expenses or complications related to your injury.