Every state sets its own deadline to file an injury lawsuit (the statute of limitations) and its own rule for what happens when you share the blame. Missing a deadline can end your claim entirely.
The top 5 states for traffic deaths
| State | Deadline | Fault rule | Insurance |
|---|---|---|---|
| Texas | 2 years | Modified (51% bar) | At-fault |
| California | 2 years | Pure comparative | At-fault |
| Florida | 2 years | Modified (51% bar) | No-fault (PIP) |
| Georgia | 2 years | Modified (50% bar) | At-fault |
| North Carolina | 3 years | Contributory (any fault bars) | At-fault |
The four fault systems
- Pure comparative: recover even if mostly at fault, reduced by your share (e.g., California, New York).
- Modified, 51% bar: recover if 50% or less at fault (e.g., Texas, Florida).
- Modified, 50% bar: recover only if under 50% at fault (e.g., Georgia).
- Contributory negligence: any fault bars recovery (North Carolina, Virginia, Maryland, Alabama, D.C.).
Claims against the government
Nearly every state requires a formal notice of claim against a government entity, often within 6 to 12 months, far sooner than the regular deadline.
This guide is general information, not legal advice. Laws change and every case is different. Talk with a licensed attorney in your state.