Deadlines come first
Limitation periods for injury claims are strict, and some are unusually short — claims involving a municipality, a transit authority, or another government body often require formal notice within a very brief window, sometimes measured in weeks rather than years.
Missing a notice requirement can end an otherwise strong claim. If a public body may be involved, treat that as urgent and get advice immediately rather than waiting to see how you heal.
Proving liability — and the no-fault exception
In a typical claim you must show someone owed you a duty of care, breached it, and caused your injury. Fault can be shared, and most jurisdictions reduce your recovery by your share of responsibility rather than barring it entirely.
Important exception: several places run no-fault systems for motor-vehicle injuries, where benefits come from a public or your own insurer regardless of fault and the right to sue is limited or removed. Quebec's public scheme for bodily injury is a clear example, and a number of US states and Canadian provinces have partial versions. Whether you can sue at all depends on where the accident happened.
What a claim can cover
Typical heads of damages include past and future medical and rehabilitation costs, lost income and reduced earning capacity, out-of-pocket expenses, the cost of care or help at home, and non-financial loss for pain and suffering.
Some jurisdictions cap certain categories, particularly non-financial damages or claims arising from minor injuries. Documentation drives value: contemporaneous medical records, a record of missed work, and receipts matter far more than how strongly you describe the impact.
Insurers, settlement and fees
The adjuster works for the insurer. Early offers are common and are usually made before your prognosis is clear — and a settlement is normally final, with a signed release ending any further claim even if you get worse.
Injury lawyers frequently work on contingency, taking a percentage of the recovery. Ask specifically what percentage applies, whether it changes if the case goes to trial, how disbursements are handled, and what happens if you lose. Get that in writing before signing.
Frequently asked questions
- How long do I have to make an injury claim?
- It varies by jurisdiction and defendant. General limitation periods are often measured in years, but claims against government bodies frequently require notice within weeks. Confirm your deadline early.
- What if I was partly at fault?
- In most jurisdictions you can still recover, reduced by your share of responsibility. A few apply stricter rules, so local advice matters.
- Can I sue after a car accident?
- It depends where it happened. No-fault systems — Quebec's public scheme for bodily injury, and partial systems in various states and provinces — can limit or remove the right to sue while providing benefits regardless of fault.
- Should I accept the first offer?
- Rarely, and not before your medical outcome is reasonably clear. Settlements are normally final and include a release of all further claims.
- How do injury lawyers charge?
- Commonly on contingency — a percentage of the recovery. Ask about the percentage, trial rates, disbursements, and what happens if the claim fails, in writing.
This guide is general information, not legal advice. Laws, costs, and procedures vary by state, province, and your specific situation — speak with a qualified personal injury lawyer about your circumstances before acting.