Personal Injury Rules by State
Where you file decides how your settlement is calculated. The filing deadline sets how long you have, and the fault rule decides whether your own share of blame reduces your award or wipes it out entirely. The table below covers all 50 states and DC, and the calculator applies each jurisdiction's rule automatically. Fifteen states also have a page of their own with the statute text and worked examples.
Every state and DC, side by side
All 51 US jurisdictions. The filing deadline and the fault rule are the two things that change a settlement most, and both are applied automatically by the calculator when you pick a state. 15 states have a page of their own with the statute text and worked examples; the rest are fully supported by the calculator even without a dedicated page.
| State | Filing deadline | Fault rule | No-fault auto | Cap applied here |
|---|---|---|---|---|
| AlabamaAL | 2 years | Pure contributory negligence | No | Not modeled |
| AlaskaAK | 2 years | Pure comparative negligence | No | Not modeled |
| ArizonaAZ | 2 years | Pure comparative negligence | No | Not modeled |
| ArkansasAR | 3 years | Modified comparative (50% bar) | No | Not modeled |
| CaliforniaCA | 2 years | Pure comparative negligence | No | $470,000 med-mal |
| ColoradoCO | 2 years | Modified comparative (50% bar) | No | Not modeled |
| ConnecticutCT | 2 years | Modified comparative (51% bar) | No | Not modeled |
| DelawareDE | 2 years | Modified comparative (51% bar) | No | Not modeled |
| District of ColumbiaDC | 3 years | Pure contributory negligence | No | Not modeled |
| FloridaFL | 2 years | Modified comparative (51% bar) | Yes | Not modeled |
| GeorgiaGA | 2 years | Modified comparative (50% bar) | No | Not modeled |
| HawaiiHI | 2 years | Modified comparative (51% bar) | Yes | Not modeled |
| IdahoID | 2 years | Modified comparative (50% bar) | No | Not modeled |
| IllinoisIL | 2 years | Modified comparative (51% bar) | No | Not modeled |
| IndianaIN | 2 years | Modified comparative (51% bar) | No | Not modeled |
| IowaIA | 2 years | Modified comparative (51% bar) | No | Not modeled |
| KansasKS | 2 years | Modified comparative (50% bar) | Yes | Not modeled |
| KentuckyKY | 1 year | Pure comparative negligence | Yes | Not modeled |
| LouisianaLA | 2 years | Modified comparative (51% bar) | No | Not modeled |
| MaineME | 6 years | Modified comparative (50% bar) | No | Not modeled |
| MarylandMD | 3 years | Pure contributory negligence | No | Not modeled |
| MassachusettsMA | 3 years | Modified comparative (51% bar) | Yes | $500,000 med-mal |
| MichiganMI | 3 years | Modified comparative (51% bar) | Yes | $596,400 med-mal |
| MinnesotaMN | 6 years | Modified comparative (51% bar) | Yes | Not modeled |
| MississippiMS | 3 years | Pure comparative negligence | No | Not modeled |
| MissouriMO | 5 years | Pure comparative negligence | No | Not modeled |
| MontanaMT | 3 years | Modified comparative (51% bar) | No | Not modeled |
| NebraskaNE | 4 years | Modified comparative (50% bar) | No | Not modeled |
| NevadaNV | 2 years | Modified comparative (51% bar) | No | Not modeled |
| New HampshireNH | 3 years | Modified comparative (51% bar) | No | Not modeled |
| New JerseyNJ | 2 years | Modified comparative (51% bar) | Yes | Not modeled |
| New MexicoNM | 3 years | Pure comparative negligence | No | Not modeled |
| New YorkNY | 3 years | Pure comparative negligenceAuto claims: Modified comparative (51% bar) | Yes | Not modeled |
| North CarolinaNC | 3 years | Pure contributory negligence | No | $712,847 med-mal |
| North DakotaND | 6 years | Modified comparative (50% bar) | Yes | Not modeled |
| OhioOH | 2 years | Modified comparative (51% bar) | No | $350,000 non-economic, $350,000 med-mal |
| OklahomaOK | 2 years | Modified comparative (51% bar) | No | Not modeled |
| OregonOR | 2 years | Modified comparative (51% bar) | No | Not modeled |
| PennsylvaniaPA | 2 years | Modified comparative (51% bar) | Yes | Not modeled |
| Rhode IslandRI | 3 years | Pure comparative negligence | No | Not modeled |
| South CarolinaSC | 3 years | Modified comparative (51% bar) | No | Not modeled |
| South DakotaSD | 3 years | Pure comparative negligence | No | Not modeled |
| TennesseeTN | 1 year | Modified comparative (50% bar) | No | Not modeled |
| TexasTX | 2 years | Modified comparative (51% bar) | No | $750,000 med-mal |
| UtahUT | 4 years | Modified comparative (50% bar) | Yes | Not modeled |
| VermontVT | 3 years | Modified comparative (51% bar) | No | Not modeled |
| VirginiaVA | 2 years | Pure contributory negligence | No | $2,750,000 med-mal total |
| WashingtonWA | 3 years | Pure comparative negligence | No | Not modeled |
| West VirginiaWV | 2 years | Modified comparative (51% bar) | No | Not modeled |
| WisconsinWI | 3 years | Modified comparative (51% bar) | No | Not modeled |
| WyomingWY | 4 years | Modified comparative (51% bar) | No | Not modeled |
Reading the cap column. It reports what this calculator applies, not whether a state has a cap. Caps are researched and cited for 15 states; elsewhere the calculator applies none, which is the conservative choice because it never invents a limit. Several states shown as not modeled do cap medical-malpractice non-economic damages, so confirm with an attorney before relying on an uncapped figure.
Deadlines are the general rule. Medical malpractice, wrongful death, and claims against a government body often run to a different and usually shorter clock. Kentucky is the sharpest example: the general deadline is 1 year, but motor-vehicle claims get 2 under K.R.S. 304.39-230(6).
Fault rules and deadlines come from the Matthiesen Wickert and Lehrer 50-state surveys, no-fault status from the Insurance Information Institute. Data current as of June 2026.
State law that changes your settlement
The fault rule and the filing deadline can swing a settlement from full value to zero.