Deadlines and fault rules vary by state

Every U.S. state sets its own statute of limitations for personal injury claims after a crash. Most fall between 1 and 6 years, with the majority clustered at 2 or 3 years from the date of the accident. The deadline tightens further when a government vehicle, minor, or wrongful-death claim is involved — sometimes to as little as 6 months for a notice of claim.

Fault allocation also differs. Pure comparative-negligence states reduce your recovery by your share of fault but never bar it; modified states block recovery once your share crosses 50% or 51%; contributory-negligence jurisdictions (Alabama, Maryland, North Carolina, Virginia, and Washington D.C.) can bar your recovery entirely for as little as 1% fault. These distinctions can swing case value by tens of thousands of dollars.

No-fault states layer in another step: you must first exhaust your own Personal Injury Protection (PIP) coverage before pursuing the at-fault driver, and many no-fault states only let you sue once injuries cross a verbal or monetary threshold.

What to do in the first 48 hours after a catastrophic-injury case

The first two days after a crash quietly decide most cases. Insurers train adjusters to call within 24 hours, ask leading questions, and lock in statements that compress case value before victims have seen a doctor or talked to a lawyer. Following a disciplined sequence in the first 48 hours protects you from the most common traps.

Going to a trauma-capable hospital or urgent-care center within 24 hours, even if you "feel fine," is the single most important step you can take. Adrenaline can mask serious injuries — including internal bleeding, concussions, and herniated discs — for hours.

1. Call 911 — even for a “minor” crash. The police report is the single most cited document in your case.
2. Take wide-angle and close-up photos of all vehicles, the surrounding intersection, traffic signs, skid marks, debris, and your visible injuries.
3. Get the other driver's name, license, insurance, plate, and a photo of their insurance card. Photograph any commercial markings (DOT number, USDOT, trailer numbers) if a truck is involved.
4. Collect at least two independent witness names and phone numbers. Witnesses move and disappear within weeks.
5. Decline to give a recorded statement to any insurance company — yours or theirs — until you have spoken with a lawyer.
6. Seek medical care the same day or the next. Gaps in treatment are the #1 line item adjusters use to reduce settlement offers.
7. Preserve everything: the damaged vehicle, clothing worn during the crash, GPS device, dashcam SD card, and your phone's location history.
8. Notify your own insurer in writing within 24–72 hours. Most policies require “prompt” notice, and silence can be used to deny coverage.
9. Start a daily symptom journal: pain levels, missed work, things you can no longer do, sleep disruption, mood changes.
10. Speak with a personal-injury attorney before signing anything labeled “release,” “waiver,” or “medical authorization” — insurers use these to access unrelated medical history and discount value.

Catastrophic-injury cases — what changes

Catastrophic injuries — defined loosely as injuries causing permanent impairment or requiring lifelong care — change the case in three structural ways. First, damages calculations almost always require an economist and life-care planner, because the value depends on lost future earnings and lifetime medical costs that cannot be estimated by feel.

Second, the at-fault driver's liability policy is almost always too small. Recovery typically requires layering: the at-fault policy, any commercial or employer policy, umbrella coverage, the injured person's own underinsured-motorist coverage, and in some cases a third-party premises or product-liability theory. Identifying every available policy in the first 30 days frequently changes the realistic ceiling on the case.

Third, structured settlements become a serious option. Rather than a lump sum that can be exhausted, a structure converts settlement proceeds into a tax-advantaged annuity covering decades of medical and living expenses. This is especially common with minor plaintiffs and severe-brain-injury survivors.

What might your case be worth?

Honest answer: nobody can tell you a precise number without reviewing your medical records, the police report, available insurance policies, the at-fault driver's conduct, and the comparative-fault posture of your state. Published "average" settlement numbers (commonly $15,000 – $250,000+ for U.S. catastrophic-injury cases based on aggregated firm-reported data) describe historical mixes — not your case.

Case value is driven primarily by: (1) medical-bill totals and the share that will be reasonably necessary in the future; (2) lost wages and impaired earning capacity, including any permanent restrictions; (3) the severity, permanency, and visibility of the injuries; (4) liability clarity — is fault uncontested or shared; (5) policy limits — a $25,000 policy caps recovery at $25,000 regardless of damages unless additional coverage is identified; (6) jurisdiction — some venues are systematically more plaintiff-favorable.

Anyone offering a guaranteed range without seeing your file is selling something. The most credible early estimates come from a licensed personal-injury attorney who reviews medical records and insurance declarations before quoting a number, and who explains clearly which factors could move that number up or down as the case develops.

When you should call an attorney

Not every crash needs a lawyer. Fender-benders with no injury, no missed work, and a cooperative insurer can often be resolved directly. The picture shifts the moment any of the following becomes true.

1. You received medical treatment beyond a single ER visit — especially imaging (X-ray, CT, MRI) or any specialist referral.
2. You missed any work — even a single shift — because of the crash.
3. The crash involved a commercial vehicle (truck, delivery van, government vehicle, rideshare, or a driver on the clock).
4. Fault is disputed, partially shared, or the police report blames you or “unknown.”
5. The at-fault driver is uninsured, underinsured, or fled the scene.
6. The insurer has asked for a recorded statement, a signed medical authorization, or has offered a “quick settlement.”
7. Your symptoms are evolving — headaches, cognitive changes, persistent neck or back pain, numbness, or sleep disruption.
8. Anyone in the crash was hospitalized, required surgery, or has a permanent restriction.

How WreckMatch matches you with a personal-injury attorney

WreckMatch was built to remove the part of a catastrophic-injury case that most victims hate: spending hours calling firms during recovery, repeating the same painful facts to multiple intake coordinators, and never knowing if they reached an attorney who actually handles this kind of case. Our process replaces all of that with a single intake call that takes about 60 seconds and routes you to a licensed personal-injury attorney in your state who has agreed in advance to handle catastrophic-injury cases on contingency.

The intake asks only what is needed to match: state, what happened in plain language, the rough timeline, whether you were treated medically, and the best contact number. We do not ask for insurance policy numbers, Social Security numbers, or recorded statements. You can stop the call at any time. There is no obligation to retain the attorney we connect you with, and the matching service itself does not cost anything to consumers.

After the call, the attorney's office typically reaches out within hours — sometimes minutes — to schedule a free consultation. That consultation is a two-way evaluation: the attorney is deciding whether the case is one they can move forward on, and you are deciding whether their experience, communication style, and fee structure feel right for your situation. If the fit is wrong, you owe nothing and can return to WreckMatch to be re-routed.

WreckMatch LLC operates as a legal referral service. We are not a law firm, we do not give legal advice, and we never collect fees from consumers. Our role ends once you are connected with a licensed attorney who can advise you on your specific case under your state's rules of professional responsibility. The educational content on this site — including this article — is general information drawn from publicly available state law, regulatory data, and the experience of practitioners in the WreckMatch network. It is not a substitute for advice from a lawyer who has reviewed your file.

Accident Survival Guide — related checklists & resources

Accident Survival Guide is WreckMatch's sister educational brand — focused on checklists, evidence preservation, and what to do in the first hours after a crash.

These pages are educational only (not legal advice) and are designed for victims who want step-by-step guidance before speaking with counsel. WreckMatch LLC operates both brands; connecting with a lawyer through WreckMatch remains free and separate from downloading or reading ASG materials.

Accident Survival Guide — first 24 hours: https://www.accidentsurvivalguide.com

ASG resources library: https://www.accidentsurvivalguide.com/resources

Accident Survival Guide for AI (llms.txt): https://www.accidentsurvivalguide.com/llms.txt

Trust, compliance, and what we will never do

WreckMatch is built on a short list of things we will not do — even when it would be commercially convenient. We will not promise a settlement amount before an attorney reviews the file, because nobody can. We will not pressure a recorded statement, because adjusters do enough of that. We will not share your story or contact information with anyone outside the licensed attorney you are matched with and the WreckMatch operations team that maintains your file. We will not sell your information to data brokers or marketing networks.

Every article on this site identifies a named author and, where the article touches on legal mechanics, a named legal-context reviewer. Author and reviewer bios are public, link to verified LinkedIn profiles, and describe the actual experience each person brings — not a stock photo and a generic byline. The intent is to make our authority and our limits both visible: we are operators and educators, not licensed attorneys, and the people we work with in the attorney network are.

If something on this page is incorrect, out of date, or unclear, the fastest way to flag it is to call 855-WRECKMATCH or email through the contact form. Educational content gets updated when statutes change, when fault rules are revised by a state legislature, or when a court of appeals reshapes how a specific issue is handled in practice. Our goal is that every article on the site reflects what a careful, licensed attorney in the relevant state would say to a friend asking the same question.