Practice Area Guides

When to Hire a Personal Injury Lawyer

Short answer

Hire a personal injury lawyer when someone else's carelessness caused a serious injury, when fault is disputed, when an insurer denies or undervalues your claim, or when you are asked for a recorded statement or a release. Deadlines are short. The general limit is two years in California, Florida, New Jersey and Connecticut, and three years in New York.

Key takeaways

  • Get medical care first, then document the accident and keep every record.
  • Be careful with the other side's insurer. Do not give a recorded statement or sign a release before you understand your options.
  • Most injury lawyers work on contingency, which means no fee unless you recover money. The agreement must be in a writing signed by you under the ABA Model Rules.
  • The general filing deadline is two years in CA, FL, NJ and CT and three years in NY, but exceptions can shorten it.
  • Claims against a government body often have much shorter notice deadlines, sometimes measured in months or even 90 days.

When do you need a personal injury lawyer?

You need a personal injury lawyer when someone else's carelessness caused an injury that is serious, lasting or disputed. The earlier you get advice, the more evidence can be preserved.

  • Your injuries are serious, permanent, or will need long-term care.
  • Fault is disputed, or more than one party may be responsible.
  • The insurer denied your claim, delayed it, or offered less than your costs.
  • You were asked for a recorded statement or to sign a release.
  • A family member died because of someone else's conduct.
  • Your medical providers or insurer claim a share of any settlement.

You may not need a lawyer if injuries are minor, bills are paid and the insurer accepts fault. If you are unsure, many injury lawyers offer a free first consultation, so ask when you book.

What should you do after an injury?

Get medical care first, then document everything. Prompt records protect both your health and your claim.

  1. See a doctor or go to urgent care, even if you feel fine. Some injuries show up later.
  2. Report the accident to the police, property owner, employer or other responsible party, as appropriate.
  3. Take photos of the scene, your injuries and any property damage.
  4. Get names and contact details for witnesses and the other party, including their insurer.
  5. Keep medical records, bills, pay stubs and a short injury diary.
  6. Do not admit fault, and do not post about the accident on social media.
  7. Talk to a lawyer before you sign a release or accept an offer.

What are the filing deadlines in California, Florida, New York, New Jersey and Connecticut?

For most personal injury claims the general deadline is two years in California, Florida, New Jersey and Connecticut, and three years in New York. These limits come from each state's statute and were checked against the statute text in October 2026.

State General deadline for injury claims Law Notes
California 2 years Code of Civil Procedure 335.1 Covers injury or death caused by the wrongful act or neglect of another.
Florida 2 years Florida Statutes 95.11(5)(a) Negligence claims. The period was shortened from four years for claims that accrued after March 24, 2023.
New York 3 years CPLR 214 Claims against government bodies require a much earlier notice of claim.
New Jersey 2 years N.J.S.A. 2A:14-2 Government claims have a separate, shorter notice deadline.
Connecticut 2 years from the injury or its discovery, and no more than 3 years from the act or omission General Statutes 52-584 Covers negligence, reckless or wanton misconduct and certain malpractice.

Medical malpractice, wrongful death, claims involving children and claims against government bodies often follow different rules. This table is general information, not legal advice. A lawyer can tell you the deadline that applies to your facts.

How much does a personal injury lawyer cost?

Most personal injury lawyers work on contingency. They take an agreed percentage of the money recovered and charge no fee if you recover nothing. ABA Model Rule 1.5(c) requires a contingent fee agreement to be in a writing signed by the client.

The agreement should state the percentage in the event of settlement, trial or appeal, which expenses are deducted from the recovery, whether expenses come out before or after the fee is calculated, and which expenses you owe even if you lose. Read those lines before you sign. The full breakdown is in how much does a lawyer cost.

What kinds of injury claims are there?

Personal injury covers many situations, and some have their own rules and deadlines.

  • Car, truck and motorcycle accidents.
  • Slip and fall and other property conditions.
  • Dog bites and other animal injuries.
  • Defective products.
  • Medical malpractice, which often has special rules. Browse medical malpractice lawyers.
  • Wrongful death.
  • Work injuries, which usually go through workers' compensation. See when to hire a workers' compensation lawyer. You may also have a separate claim against someone other than your employer.

How should you deal with the insurance company?

Treat the other side's insurer as a party with its own interests. Give basic facts, avoid speculating about your injuries, and do not sign anything you have not read.

  • Report the accident to your own insurer as your policy requires.
  • Be cautious about a recorded statement to the other side's insurer.
  • Do not accept a first offer before you know the full cost of your injuries.
  • Keep every letter and email from an insurer.

What should you ask a personal injury lawyer?

Ask how many injury cases like yours the lawyer handles, who will do the work, how costs and liens are handled, and what the likely timeline is. The general list is in questions to ask at a consultation.

  • How often do your cases settle, and how often do they go to trial?
  • Who negotiates with the insurer?
  • What happens to medical bills and liens from any settlement?
  • What are the deadlines in my case?

Where can you find a personal injury lawyer near you?

Browse the personal injury lawyers in the directory, or search by city or distance. Verify each license first with our guide to checking a lawyer's license and discipline record, and compare at least two lawyers using how to choose a lawyer.

Frequently asked questions

How long do I have to file a personal injury lawsuit?

For most injury claims the general deadline is two years in California, Florida, New Jersey and Connecticut, and three years in New York. Exceptions apply, including claims against government bodies, claims involving children, medical malpractice and wrongful death. See the table in this guide and confirm your deadline with a lawyer.

Do I need a lawyer for a minor car accident?

Not always. If injuries are minor, medical bills are paid and fault is clear, you may be able to settle directly. Get advice if the insurer disputes fault, denies the claim or offers less than your costs, or if symptoms appear later.

How much does a personal injury lawyer cost?

Most work on contingency and take a percentage of the money recovered, with no fee if you recover nothing. You may still owe case costs depending on your agreement. See how much a lawyer costs.

Should I talk to the other driver's insurance company?

You may need to report the accident to your own insurer. Be cautious about giving the other side's insurer a recorded statement, guessing about your injuries, or signing a release before you have advice. Stick to facts.

What if I was partly at fault?

Many states reduce your compensation by your share of fault, and some bar recovery if you are mostly at fault. The rules differ by state, so ask a lawyer how they apply to you.

What if the accident involved a government vehicle or property?

Deadlines are often much shorter, sometimes 90 days or six months to give formal notice of the claim. Talk to a lawyer promptly.

Sources

  1. ABA Model Rule 1.5: Fees
  2. California Code of Civil Procedure 335.1
  3. Florida Statutes 95.11 (2025)
  4. New York CPLR 214
  5. New Jersey Statutes 2A:14-2
  6. Connecticut General Statutes 52-584

This guide is general information, not legal advice, and it does not create an attorney-client relationship. Laws and deadlines change and differ by state, so confirm the details with a licensed attorney.

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