# What happens after a car accident, state by state > Car accident and personal injury claims explained for every US state: filing deadlines, fault rules, insurance claims and how to choose a lawyer. Canonical page: https://accidentclaimfacts.com/ Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team General information, not legal advice. Talk to a licensed attorney in your state. ## Quick answer After a car accident, your state's law decides how long you have to file an injury lawsuit and how much your own share of blame reduces what you can recover. Injury deadlines run from 1 year in Tennessee to 6 years in Maine, and fault rules range from pure comparative fault to contributory negligence. This guide explains each rule in plain English and links every one to the official source. ## FAQ ### How long do I have to file a car accident claim? It depends on your state and the kind of claim. For an adult's injury claim, the deadline to file a lawsuit is 2 years in Texas, 2 years in California, 3 years in New York and 6 years in Maine. Claims against a city, county or state agency often need a written notice much sooner; in Texas, for example, the notice is due within 6 months of the incident. Use the deadline tool on this page to look up your state, and check with a lawyer, because exceptions can shorten or extend the clock. ### Do I need a lawyer for a car accident? Not always. People often handle small claims with no injuries on their own. It is worth talking to a licensed attorney if you were hurt, if fault is disputed, if a truck, a company vehicle or a government vehicle was involved, if someone died, or if the insurer is delaying or denying the claim. Many injury lawyers offer a free first consultation; ask about that before you book, and check the lawyer's license with your state bar. ### How much is my car accident claim worth? No honest website can put a number on your claim. Value depends on your medical treatment and recovery, lost income, the other driver's insurance limits, how fault is split, the evidence, and your state's rules. This site explains the factors that raise or lower a claim, but it never estimates dollar amounts, and you should be wary of anyone who promises a figure before seeing your records. ### What percentage do injury lawyers take? Most car accident lawyers work on a contingency fee, a share of what you recover, and the professional rules most states follow say a contingent fee agreement must be in a writing signed by the client. The percentage varies by lawyer, by state and by how far the case goes, and some laws cap it: for claims against the federal government, the Federal Tort Claims Act limits fees to 20% of an administrative settlement and 25% of a court judgment or settlement. Ask for the fee terms in writing before you sign. ### How long does a personal injury settlement take? There is no official average, because most claims settle privately. Court statistics give a sense of the longer path: in a federal study of state courts, only about 4% of tort cases ended in a trial, and tort cases that did go to a jury took a median of 23 months from filing to verdict. Simple claims with short treatment usually settle much faster than that. ### Should I talk to the other driver's insurance company? You should report the crash to your own insurer, because your policy requires it. The other driver's insurer works for its own customer. You can give basic facts, but you generally do not have to give that insurer a recorded statement, sign a medical release or accept a first offer. Many people wait until they understand their injuries, or talk to a lawyer, before they discuss the details. ### What does comparative negligence mean? It means your own share of blame reduces what you can recover. In a pure comparative fault state, a driver who was 30% at fault can recover 70% of their proven damages. Most states use a modified rule that bars recovery once your share reaches 50% or 51%, and a few still use contributory negligence, where almost any fault of your own can bar recovery. The fault-rule explainer shows how each state treats a given share of fault. ## Sources - [NHTSA, Overview of Motor Vehicle Traffic Crashes in 2024](https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/813791) — injured and killed in US crashes - [American Bar Association, Model Rule 1.5: Fees](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_5_fees/) — contingent fee agreements in writing - [Justia (2025 Tennessee Code), Tenn. Code Ann. § 28-3-104](https://law.justia.com/codes/tennessee/title-28/chapter-3/part-1/section-28-3-104/), checked October 29, 2026 - [Maine Legislature, 14 M.R.S. § 752](https://www.legislature.maine.gov/statutes/14/title14sec752.html), checked October 29, 2026 - [Texas Legislature, Civil Practice and Remedies Code § 16.003(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm), checked October 29, 2026 - [California Legislature, Code of Civil Procedure § 335.1](https://law.justia.com/codes/california/code-ccp/part-2/title-2/chapter-3/section-335-1), checked October 29, 2026 - [New York State Senate, CPLR 214](https://www.nysenate.gov/legislation/laws/CVP/214), checked October 29, 2026 - [Texas Legislature, Civil Practice and Remedies Code § 101.101(a)](https://statutes.capitol.texas.gov/Docs/CP/htm/CP.101.htm), checked October 29, 2026 - [Cornell LII, 28 U.S.C. § 2678](https://www.law.cornell.edu/uscode/text/28/2678), checked October 29, 2026 - [BJS, Tort Bench and Jury Trials in State Courts, 2005 (NCJ 228129)](https://bjs.ojp.gov/redirect-legacy/content/pub/pdf/tbjtsc05.pdf), checked November 1, 2009