The following pages explain car accident and personal injury laws specific to each state. We explain important concepts with examples and link to each law on its state government’s website. We cover the following information:
- Legal actions of drivers, motorcyclists, bicyclists, and pedestrians
- Liability laws governing negligence
- Drunk driving laws
- Insurance policy limits and financial responsibility
- Statutes of Limitations
- Information on Small Claims Courts
- Other laws relevant to personal injury claims
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I am a parent of a Kindergarten student. My daughter has Down syndrome and in an inclusionary class. Recently I was at the school to observe her engagement in class. While in her class I saw two little girls fighting in the corner. One of the girls was on top of the other pinning her... Read More.
The state of AZ contracts with psychologists and other doctors (“Vendors”) to perform Consultative Exams to assess disability. Most exams are performed in the Vendor’s office, but some providers travel for one or more days per month to perform exams. Providers (vendors) are reimbursed per day, and paid a set fee for office space and... Read More.
I underwent three surgeries to repair ruptured tendons in both shoulders and both Achilles tendons after taking Levaquin. I was in MDL until last year, refused a ridiculous settlement offer of $500 from the defendant, and the case was remanded back to Colorado. I’m currently pro se in settlement negotiations. I want to make a... Read More.
I have a new auto insurance policy with an insurance company out of Tulsa, OK. On the questionnaire, instead of saying I am unemployed, I responded that I am on disability. Now they are demanding I have a Doctor complete a form saying whether he thinks I am able to drive. In the form there... Read More.
I have several questions about my coverage… What if my company is based in Louisiana and has workers comp insurance in Louisiana, but I work and reside in Florida? What is the difference in coverage between the states? How would I file a claim if I was hurt in Florida while working? Thanks for any... Read More.
I have a quick question about privacy and medical records… Can worker’s compensation-related medical records be released to another physician’s office if the patient signs a release of information? Or do these notes stay strictly between the current doctor, employer & employee? Does anyone else have access to the employee’s medical records? Thanks for any... Read More.
I have an ongoing workers compensation claim from an injury in Florida. I’m now looking to transfer with my company to Massachusetts. I see pain management every 3 months for maintenance drugs. My question is, if I move to Mass and my back blows out again and I need surgery, will I then file a... Read More.
When I was a sophomore in high school (almost 30 years ago) I got pregnant. A head coach, some other coaches and an alumni leader supporter all gave $780 to my then boyfriend to take me and get me an abortion. I was a minor at the time. This was allowed and obviously condoned (supported... Read More.
My 17 year old son was in an auto accident where he was the passenger. He went to the hospital and received medical treatment. He had internal bleeding of the liver, a contusion on his lungs and a head concussion. I did not hire an attorney and now the insurance company is contacting me with... Read More.
I was in an automobile accident on 29 Nov 2010. I was broadsided and ended up in the ER where they left me on a board and neck brace. I had a head concussion, my neck showed c5 and c6 vertebrae out of alignment and were pushing the nerve out, my left leg was bruised,... Read More.
Three people were injured in a car accident in Massachusetts but each of them have medicals between $400.00 and $ 700.00. Can they bring a claim for damages since there is a $$2,000 threshold in Mass? Can you please explain what this threshold is and what it means to personal injury claims? I can’t believe... Read More.
My surgeon performed a total hysterectomy (both ovaries/tubes/uterus/cervix) for a large (18 cm) benign ovarian cyst. I only consented to have this one ovary removed, unless I had a cancerous cyst, because I wanted to have a baby. The Dr notes my fertility wishes multiple times in my chart, pre- and post-op, and told me... Read More.
During the process of a lawsuit, an attorney’s letter indicated to us that, by law, a settlement check can only be held in escrow for 15 days from date of deposit and all paperwork must be completed within this time frame. The suit was settled and payment was made to the attorney’s office over 1... Read More.
I was rear ended and went to a major hospital for treatment of my injuries. I was later contacted by an attorney who left his card at my front door. I had not spoken to this attorney before and believe he obtained my information from the hospital. Is this a violation of HIPAA laws (Health... Read More.
My son was involved in a car accident with his friend in Georgia. There were no other cars involved. The friend ran into a tree and totaled the car, then left my son with injuries to his back and a few cuts and bruises. How will my son be compensated for his injures in the... Read More.
I was in an accident when I was a child where I was hit by a car and thrown several feet away from where I was hit. I was told I went up in the air and landed hard on the ground. I received head injuries and both legs were broken. I was only awarded... Read More.
We had Florida auto insurance and we were in an accident in Michigan. My husband was on the freeway when a car stopped in front of him due to a garbage can in the freeway. He rammed into the back of her vehicle. Nobody got a ticket however, he swears he never saw brake lights.... Read More.
I reside in Michigan. My dog jumped the fence in my yard and ran into the road and was hit by a car. There were several people at the scene of the accident trying to aid in helping to save my dog’s life. One of the kind souls suggested an emergency care vet that would... Read More.
I had surgery on my left heel in 2005 and I now have problems with my balance. I had an x-ray before surgery and it shows that there were no heel spurs, and that is what the surgery was for. So they messed up. What is the statute of limitation on medical malpractice? How should... Read More.
I was struck by a car backing out of a parking lot and my right foot was pinned under the right rear tire. The insurance adjuster came to my house a week after this accident for a recorded statement. I’ve been passed on to a third adjuster and they want another statement. This accident happened... Read More.
My 16 year old son was rear ended 2 weeks ago. His car was totaled (it was a volvo so that tells you how hard he was hit). He was stationary in his vehicle at the time of the collision. We are still negotiating the settlement for the loss of the car. About two days... Read More.
I fell outside a major chain convenience store in August 2010. I reported the injury right away and went for x-rays. Within one week my mother was placed in the ICU (unrelated medical issues) and I did not return to work for over 2 weeks. I still could not make appointments to follow through on... Read More.
I had my 2nd back surgery in 2003. In my records it says I was taken to the recovery room in stable condition with no complaints, and that I was in the recovery room for an hour and a half, which is all untrue. I was in the recovery room for 5 hours and when... Read More.
My husband and I are trying to settle on an auto accident. The auto insurance company is trying to tell us that they’re reviewing my husband’s 8 year old workers comp case that has been closed for years. Can they pull medical info on that workers comp case without our signature? What can we do? Read More.
I have a long-term, ongoing case, currently without legal counsel. I’d like to know which facts should be contained in the “mandatory settlement conference statement”? Is this a form I can purchase at the courthouse or more of an informal statement letter? Read More.
I was run off the state highway by another car in Indiana. The other driver did not stop. I swerved into a state highway sign to avoid the other vehicle. The accident was in 2007. My insurance company covered the damage to my truck. Yesterday I received a summons from the state of Indiana telling... Read More.
I fell down some stairs at the end of May. I fractured my ankle and had to have surgery. They say it will take up to a year for me to walk normally and I wanted to know if I could apply for disability. If so when would my time expire to file a claim?... Read More.
I was behind a car on an interstate freeway in the left hand passing lane of a two lane divided highway with a median. As both myself and the driver ahead of me were passing a semi/tractor trailer, the driver of the vehicle ahead of me slammed on her brakes and engaged her left hand... Read More.
I fell in the mall parking lot early in the morning while walking to the bus stop. I slipped on something similar to a bottle top and broke my knee. The insurance company said the mall was not liable for my injury since they were not negligent. I didn’t pursue the claim, but I think... Read More.
In 1987, when I was a newlywed and still very young and naive, I waitressed at a small, pretentious restaurant on the top floor of a mall department store – then owned by a major Utah Church organization. Like other restaurants, the doors between the kitchen and dining room swung both ways and restaurant staff... Read More.
My son was a passenger in a car that was hit by a school bus. The driver of the car he was riding in was found to be at fault. My son sustained broken ribs and lacerations on his head and face. The insurance company says that there is no easy way to settle this... Read More.
I tripped and fell on a chunk of asphalt in the driveway of my apartment complex. Two fingers are broken requiring pins to stabilize the bones, and there may be permanent damage to tendons and ligaments. Can the property owners evict me if I sue? Read More.
We reside in Arizona but we were in a rear end car accident in California (my wife, my 2 young kids, and I). We were struck from behind when we were stopped due to freeway construction. The driver was going 65mph but failed to stop. First responders came on scene and transported my family to... Read More.
A service department manager (certified mechanic) has an injury to his thumb while working for a car dealership. This occurs while he is having to work extra and is overly tired from a special promotion at the dealership that is giving away free oil changes. He is doing the oil changes and hurts his thumb.... Read More.
I’m in the state of Alabama. Thirty years ago I injured my thumb on the job and I filed a workers comp claim. I had surgery on the thumb and was told by my doctor not to sign any release forms, which I did not do. Now the joint in the thumb needs to be... Read More.
I fell down inside a fast food chain located inside a major retail store. The date of lass was 8/30/09. I have a claim number but nothing has been paid to the emergency room hospital or to myself. I think the deadline is August 2011. Do you think they will pay nothing or am I... Read More.
In New Hampshire, is an insurance claim adjuster’s files and notes pertaining to a personal injury claim discoverable? Or are the files and/or notes considered confidential? Thanks for any guidance you can give. Read More.
Another driver ran into my car leaving me with multiple and (some) permanent eye injuries. The driver was found completely at fault. I’m seeking compensation for medical bills, lost wages, eye glasses replacement, and pain & suffering. My question is: Do settlement negotiations with the at-fault driver’s insurance company need to be completed by the... Read More.
My landlady leased a unit to me that was already occupied by a prior tenant. The lease had a clause saying no roommates were permitted. To avoid the double-letting violation, the landlady is saying that the prior tenant abdicated her lease and I, out of kindness, allowed the prior tenant to remain in the unit... Read More.
I had a New Jersey slip and fall accident and I have a question. In a parking lot I slipped and fell and broke my knee cap. I had surgery and won’t be able to walk for a few moths and I’ll probably have another few months recovery. Can I get compensation for my injuries?... Read More.
I was wondering if you could help me with some legal advice for an automobile accident… As I pulled out of a private driveway a large truck was blocking my view. We ultimately had a collision. Since I had to come up and out of the drive way, and because I could not see the... Read More.
I have a question about workers comp rights. I worked for a large company’s distribution center through a staffing agency. I was almost done with my 90 day probation when one of the machines leaked and I slipped, twisting my knee and destroying most of the cartilage. The distribution center did nothing for me, the... Read More.
If a mother files a civil suit on behalf of one of her children and then the child becomes an adult, when a settlement is offered who will the money go to? Would it be up the child to accept the settlement, since they had become an adult, instead of the mother? Read More.
I had a slip, trip and fall accident at a gas station. I tripped on a stud sticking out from the cement divider where the business normally had a garbage can over the stud. The stud was used to hold the garbage can down from blowing away on windy days. I have gone to that... Read More.
I have an auto insurance claim in Ohio. I’m wondering if I can record the insurance company without their permission and can I use the tapes in court? Read More.
I was involved in a motor vehicle accident on December 13th 2007. On Monday morning I have to file a complaint for personal injury and a summons to preserve the statute of limitations. What i need is an example of these two forms so that it is done correctly so I do not lose my... Read More.
Is the money that you receive from a settlement for an injury taxable? And if so how much? Thanks for any info you can give. Read More.
I am expecting a personal injury settlement. My rent has been subsidized by HUD’s Project-based Voucher Assistance Program for four years. Can HUD make a lien against my settlement to claim repayment of the subsidy? Read More.