Plain-English writing on what happens after an accident, how no-win-no-fee actually works, statute-of-limitations basics, and how to evaluate an attorney.
The first 72 hours after a motor vehicle collision determine the strength of the injury claim. This guide lists every action a claimant must take in that window, in the exact order, with the legal reason behind each step.
Insurance adjusters call within 24 to 48 hours after an accident. The claimant has the legal right to refuse a recorded statement, decline questions about prior injuries, and end the call at any time. This article lists which sentences protect the claim and which sentences close it.
A personal injury statute of limitations sets the deadline to file a lawsuit. The deadline ranges from one year in Kentucky and Louisiana to six years in Maine. This article lists the deadline for every U.S. state plus the District of Columbia and the legal exceptions that pause the clock.
Comparative fault rules determine how a claimants own negligence reduces a personal injury settlement. The U.S. uses four systems: pure comparative, modified comparative with a 50 percent bar, modified comparative with a 51 percent bar, and pure contributory negligence. This article lists which state uses which.
Twelve U.S. states plus Puerto Rico operate no-fault auto insurance systems. The remaining 38 states plus D.C. operate at-fault systems. The choice of system determines how a claimant recovers medical bills and lost wages after a car accident. This article lists every state and the claim mechanics for each system.
Thirty-three U.S. states impose a cap on medical malpractice damages. The cap typically limits non-economic damages (pain and suffering) without limiting economic damages (medical bills and lost wages). This article lists the cap amount for every state and identifies recent court decisions that overturned or modified caps.
A contingency fee in personal injury practice ranges from 33.33 percent pre-suit to 40 percent post-filing and 45 percent through trial. The percentage may be calculated on gross or net recovery. This article walks through the math, the engagement-letter clauses that control it, and the cost-allocation rules in each scenario.
Medicare, Medicaid, ERISA health plans, and hospitals each have a statutory right to reimbursement from a personal injury settlement. The lien process can claim 25 to 100 percent of the gross settlement. This article explains how each lien type calculates its share, the reduction tools available to a claimant, and the Medicare Secondary Payer Act procedure.
IRC Section 104(a)(2) excludes damages received for physical injury or sickness from federal income tax. Punitive damages, interest, and emotional-distress damages unrelated to physical injury remain taxable. This article walks through the exclusion rules, the allocation question, and the 1099-MISC reporting requirements.
A lump sum settlement pays the entire net recovery on a single date. A structured settlement pays the recovery in scheduled installments over years or decades through an annuity. Each form has distinct tax, financial-planning, and risk implications. This article compares the two and identifies the claimant profile each fits.
A bar admission verifies that an attorney has a license to practice. It does not verify experience, case-type fit, trial willingness, or responsiveness. This article lists the seven questions a claimant should ask in the free initial consultation and the answers that signal a strong fit.
A personal injury engagement letter governs the entire attorney-client relationship: fee percentages, cost allocation, withdrawal rights, and lien terms. This article identifies six common clauses that disproportionately favor the firm and explains which clauses a claimant can negotiate or refuse to sign.
An insurance company owes a duty of good faith and fair dealing to its policyholder. Breach of that duty supports a separate tort claim with damages that can exceed the original policy limits. This article defines first-party and third-party bad faith, lists the most common breach patterns, and identifies the evidence a claimant must preserve.
Uninsured motorist (UM) and underinsured motorist (UIM) coverage pays an injured driver when the at-fault driver has no insurance or insufficient limits. UM coverage is mandatory in 20 states and optional in the rest. This article explains stacking, the offset rule, and the recovery process.
Workers' compensation provides no-fault coverage for workplace injuries but bars most lawsuits against the employer. Three exceptions allow a separate personal injury suit: intentional employer conduct, third-party liability, and dual-capacity claims. This article explains when each exception applies and how recoveries differ.
Uber and Lyft provide three tiers of insurance coverage that turn on what the driver is doing at the moment of the crash. Coverage ranges from $25,000 in personal liability when the app is off to $1 million when a passenger is in the vehicle. This article maps each period and the claim process for each.
A commercial truck accident typically involves four or more potential defendants: the driver, the motor carrier, the cargo loader, and the maintenance shop. Federal Motor Carrier Safety Regulations create independent duties for each. This article explains the defendants, the FMCSR rules, and the evidence preservation deadlines.
A property owner is liable for a slip and fall injury only if the owner knew or should have known about the hazardous condition. Constructive notice requires evidence that the hazard existed long enough that a reasonable owner would have discovered it. This article explains the four claimant categories and the proof required for each.
Dog bite liability follows one of three legal regimes: strict liability, the one-bite rule, or a hybrid statute. Thirty-six U.S. states impose strict liability for dog bites. The remaining 14 follow common-law rules requiring proof of the owners knowledge. This article lists every states regime.
A wrongful death claim is a separate cause of action filed by the estate or the surviving relatives of a person killed by another partys negligence. The eligible plaintiffs and the recoverable damages vary by state. This article identifies the eligible plaintiffs, the damages categories, and the statute of limitations in each state.
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