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Personal Injury by State

State-specific personal injury guidance on deadlines, damages, evidence, and early mistakes.

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Alabama Sorting out personal injury in Alabama: fault pressure, evidence timing, and what deserves review first Wrongful death (§ 6-5-410) PURELY PUNITIVE — unique in US: damages measure defendant's culpability, NOT survivors' loss; decedent's income/dependents irrelevant; awards go to heirs at law per intestacy; ALL other states use compensatory model; survival action (pre-death pain) separate and compensatory Alaska Starting a personal injury issue in Alaska: treatment records, claim timing, and before the record drifts Two-year SOL under AS 09.10.070; modified comparative fault with 50% bar (AS 09.17.060); no general cap on personal injury non-economic damages; medical malpractice capped at $400,000 (AS 09.55.549) Arizona Personal Injury in Arizona: what to sort out first, insurance positioning, and treatment records Dog bite strict liability (A.R.S. § 11-1025): owner liable without proof of prior dangerous propensity — no 'one-bite' protection for first bites in AZ Arkansas Personal Injury for Arkansas readers: treatment records, document control, and practical next moves Arkansas premises liability: invitees (Walmart shoppers/hotel guests) = highest duty (reasonable inspection + repair/warn of known + discoverable dangers); licensees = warn of known dangers only; trespassers = no willful/wanton. Walmart HQ Bentonville = significant slip and fall precedent: notice rule (actual vs. constructive), self-service constructive notice, surveillance footage spoliation doctrine. Natural accumulation doctrine: no liability for natural ice/snow accumulation; liability for unnatural accumulation or worsening. Dram shop ACA § 3-3-218: licensed vendor knowingly sells to intoxicated person/minor → third-party liability. California Sorting out personal injury in California: injury proof, early leverage, and what deserves review first Two years to file personal injury claims (CCP §335.1) — but six months for government entity claims under Gov. Code §911.2 Colorado Starting a personal injury issue in Colorado: damage documentation, fault pressure, and before the file hardens Premises liability: § 13-21-115 three-tier system (invitee = highest duty; licensee = warn of known hazards; trespasser = no deliberate harm); replaces common law negligence — status at time of injury determines recovery Connecticut Connecticut Personal Injury: what to handle first around claim timing, fault pressure, and timing Connecticut Products Liability Act (CPLA, CGS §§ 52-572m-52-572r): EXCLUSIVE REMEDY for all product injury claims — no separate CT common law negligence/strict liability/warranty for product injury; covers all product sellers in distribution chain; elements: manufacturing defect OR design defect OR failure to warn + causation; SOL: 3yr from injury/discovery (CGS § 52-577a); 10yr statute of repose from seller's last possession of product (asbestos/latent disease exceptions); cannot plead independent common law theories alongside CPLA Delaware Delaware Personal Injury: deadline control, the records that usually matter before the file settles, and the next review point worth slowing down for Delaware personal injury courts: Delaware Superior Court (New Castle County Courthouse; 500 North King Street; Wilmington + Kent County Courthouse; 38 The Green; Dover + Sussex County Courthouse; 1 The Circle; Georgetown); Complex Civil Litigation Program for complex multi-party/catastrophic cases. Auto accident verbal threshold = SIGNIFICANTLY LIMITS flow of car accident PI cases to Superior Court; non-auto PI (slip and fall; construction; products liability; non-threshold auto with qualifying injuries) proceed normally. Premises liability: TRADITIONAL TRI-PARTITE invitee/licensee/trespasser framework RETAINED in Delaware (unlike states adopting unified reasonable care standard); invitees (customers; casino patrons; mall shoppers) = highest duty = inspect for + correct or warn of known AND reasonably discoverable dangerous conditions; licensees (social guests) = warn of KNOWN dangerous conditions only (no duty to inspect); trespassers = no duty except no intentional injury; child trespasser "attractive nuisance" = Restatement (Second) sec. 339 (swimming pools + construction equipment + railroad tracks). Christiana Mall (Christiana; New Castle County; largest DE mall; ~1.4M sq ft; near I-95/SR 1 Exit 4A): invitees; wet floor + uneven parking + inadequate lighting = frequent premises claims. Delaware casinos (Delaware Park/Stanton/New Castle County + Dover Downs/Dover/Kent County + Harrington Raceway/Harrington/Kent County): invitees; slip and fall + inadequate security assault + parking lot lighting + food contamination claims. Government Tort Claims Act: Del. Code Ann. tit. 10, sec. 4010+; governmental immunity for state + local government entities for governmental functions; proprietary functions may be liable; notice of claim required. Florida Personal Injury for Florida readers: claim timing, notice handling, and practical next moves HB 837 (March 2023): 2-year SOL (was 4), 51% bar (was pure comparative) — check accident date to determine which law applies Georgia A clearer Georgia Personal Injury page: claim timing, injury proof, and before deadlines close options 50% fault bar + non-party apportionment + no joint/several liability = significant plaintiff challenges in Georgia Hawaii Hawaii Personal Injury explained: what needs order before action, insurance positioning, and before the record drifts Hawaii Tort Liability Act (HRS Chapter 662): waives State of Hawaii sovereign immunity for employee torts within scope of employment (same manner as private individual). HTLA claim procedure: file notice of claim with DLNR/Department of Attorney General Tort Claims Division within 2 years of injury (HRS § 662-4); if state doesn't settle in 6 months → state circuit court suit. DLNR premises liability: Diamond Head State Monument + Nā Pali Coast State Wilderness Park (Kaua'i) + Waimea Canyon + Iao Valley (Maui) + Waipio Valley (Big Island) + Manoa Falls Trail (O'ahu) — muddy/eroded trail slip-and-falls vs. assumption of the risk defense. Hanauma Bay Nature Preserve (City & County of Honolulu): tourist slip-and-fall claims on wet rocks. Hawaii NO cap on general personal injury noneconomic damages (unlike ID § 6-1603 or AZ § 12-820.01) — uncapped pain/suffering for non-medical-malpractice cases. Pure comparative fault applies to wrongful death (HRS § 663-3): damages reduced proportionally for decedent's contributory fault. Idaho Personal Injury in Idaho: why without oversimplifying the official framework, treatment records, and the records that usually matter before the file settles shape the opening strategy Idaho noneconomic damages cap § 6-1603: $250,000 base (2003) adjusted annually by Mountain region CPI (~$450-500K in 2024-2025; verify with current BLS CPI adjustment). Covers: pain/suffering + emotional distress + disfigurement + loss of consortium + loss of enjoyment of life. Does NOT cap: economic damages (medical/lost wages/future earning capacity). UNUSUAL: Idaho caps noneconomic damages in ALL personal injury (not just medical malpractice); upheld in Verska v. Saint Alphonsus Regional Medical Center, 151 Idaho 889 (2011). ITCA § 6-906: 180-day notice deadline (claimant name/address + date/place/circumstances + injuries description + damages amount + known government employee); strictly enforced; ITCA caps: $500K per person (state) or $500K per person/$2.5M per occurrence (political subdivisions). Illinois Illinois Personal Injury: the practical pressure around insurance positioning, claim timing, and early sequence 51% modified comparative fault applies to all Illinois tort claims — at 51%+ plaintiff recovers zero Indiana A more practical Indiana Personal Injury guide: treatment records, the timing points that turn a routine issue expensive, and clearer timing Several (not joint) liability: each IN defendant pays only their own fault percentage (I.C. § 34-51-2-7); non-party fault reduces paying defendants' share Iowa Personal Injury for Iowa readers: damage documentation, early leverage, and practical next moves Comparative fault § 668.3: 51% bar; premises duty: trespasser (no willful/wanton + attractive nuisance for children) / licensee (warn of KNOWN dangers) / invitee (inspect + repair + warn); Iowa rejects categorical natural accumulation immunity for ice/snow → commercial owners: timely removal + de-icing + warnings for entrance areas; constructive notice = how long condition existed + inspection frequency + prior complaints. Kansas Personal Injury in Kansas: what deserves review before response, damage documentation, and claim timing Kansas premises liability: unitary REASONABLE CARE standard under all circumstances (Sheets v. Pendergrast, 274 Kan. 1, 2002); collapses invitee/licensee distinction; trespassers = no willful/wanton/reckless conduct; child attractive nuisance doctrine applies. SW Kansas feedlot triangle (Garden City/Dodge City/Liberal — Finney/Ford/Seward counties): cattle handling injuries (crush gates/chutes; 1,000-1,500 lb cattle) + H2S lagoon exposure (instantly fatal concentrations) + vehicle accidents. Wichita aerospace (Spirit AeroSystems/Textron Aviation/Cessna): multi-employer worksite + rigging + elevated platform assembly falls. Kentucky Kentucky Personal Injury: what to handle first around damage documentation, injury proof, and timing Pure comparative fault (KRS 411.182): recover even at 99% fault; recovery reduced by plaintiff's fault %; no joint/several for defendants <50% at fault; Thoroughbred horse farm injuries: grooms/exercise riders/jockeys in Fayette/Woodford/Scott/Bourbon counties; employee = WC exclusive remedy (KRS 342); independent contractor = tort claim available; classification disputes common Louisiana Louisiana Personal Injury: damage documentation, deadline control, and when review matters Civil Code Art. 2315 = Louisiana tort foundation ('Every act whatever...obliges him by whose fault...to repair it'); LPLA (La. R.S. 9:2800.51) = EXCLUSIVE products liability against manufacturers — 4 theories ONLY: construction defect, design defect, failure to warn, breach of express warranty; no Civil Code negligence alternative against manufacturers Maine Maine Personal Injury: claim timing, decision sequencing, and when review matters Maine lobster fishing injuries — UNIQUE to ME: ~100M lbs/year harvested; ~80% of national lobster harvest; major communities = Rockland (Knox County; "Lobster Capital of the World") + Stonington (Deer Isle/Hancock County; largest volume) + Vinalhaven (Knox County; island; ferry access only) + Jonesport/Beals Island (Washington County) + Cutler (Washington County). Primary lobster fishing fatality cause: ROPE/TRAP LINE ENTANGLEMENT (line wraps around limb; overboard; Gulf of Maine cold water = rapid hypothermia/death). Jones Act (46 U.S.C. § 30104): commercial fishing crew = "seamen"; can sue vessel owner/operator for negligence; even comparative-fault-significant plaintiff recovers proportionally (NOT barred like ME state tort 50% bar); PLUS maintenance and cure (absolute obligation; daily expenses + medical; regardless of fault) + unseaworthiness doctrine. Longshore and Harbor Workers' Compensation Act (LHWCA): dock/pier/marine terminal workers (not seamen) → federal workers' comp (not ME state WC). Maine WC (39-A M.R.S. § 101+): fish processing workers (canneries; lobster processing plants; Downeast ME) + net mending + boatbuilding → Maine Workers' Compensation Board (Augusta). Maryland Personal Injury in Maryland: early leverage, fault pressure, and the first decisions that actually matter Non-economic damages cap (CJP § 11-108): ALL civil tort cases; ~$690K general personal injury; ~$920K wrongful death with 2+ beneficiaries (2024 rates, increases $15K/yr); economic damages (medicals, lost wages) fully uncapped Massachusetts Massachusetts Personal Injury: the timing points that turn a routine issue expensive, fault pressure, and without letting the page feel automated Chapter 93A (Consumer Protection Act): bad faith insurer claims handling → double/triple damages + attorney fees; 30-day demand letter required first Michigan Michigan Personal Injury: what to handle first around injury proof, treatment records, and timing Governmental immunity (MCLA 691.1401): nearly complete bar with 3 narrow exceptions; 120-day advance notice for highway defects Minnesota Personal Injury in Minnesota: what actually drives the file, the practical order that makes later choices cleaner, and what usually shifts earliest Dram Shop Act (§ 340A.801): vendor civil liability for illegal sale to intoxicated/underage; social host liability (§ 340A.802) for private parties serving underage or obviously intoxicated guests who then injure third parties — among nation's broadest social host liability Mississippi A more practical Mississippi Personal Injury guide: fault pressure, the overlooked paperwork that changes strategy, and clearer timing Mississippi Tort Reform Act 2004 (HB 13/Gov. Haley Barbour): noneconomic cap Miss. Code § 11-1-60 = $1,000,000 general civil cases; $500,000 medical malpractice (separate provision); economic damages UNCAPPED. Venue reform Miss. Code § 11-11-3: must file in county where defendant resides OR plaintiff resides/business OR cause of action accrued OR corporate principal place of business — eliminated Jefferson Davis County "magnet" jurisdiction (asbestos mass tort plaintiff-favorable rural venue). Proportionate fault: each defendant liable only for own proportionate share; NO joint and several (post-2004). Missouri Personal Injury in Missouri: why without turning timing into an afterthought, treatment records, and the first official sources worth checking shape the opening strategy Pure comparative fault (RSMo § 537.765): applies to ALL personal injury (slip/fall, dog bites, products liability); recovery proportionally reduced but NEVER fully barred regardless of plaintiff's fault percentage Montana Montana Personal Injury: where the points where the file most often starts drifting changes how readers should frame the problem Montana personal injury framework: Mont. Code Ann. sec. 27-1-702 (51% comparative fault bar; plaintiff at 51%+ = zero recovery). Mont. Code Ann. sec. 27-2-204 (3-year SOL; tolled for minors). NO cap on non-economic or punitive damages in MT (contrast with ME $500K malpractice cap; TX punitive cap). Montana agriculture: ~25,000 farms and ranches; ~61 million acres; ~2.5 million beef cattle; injuries = bull handling/livestock crush/kick/trampling + tractor rollover (ROPS compliance) + auger injuries + PTO shaft entanglement + ATV/UTV accidents (most common traumatic brain injury mechanism in MT rural communities). Bakken formation eastern MT (Richland County/Sidney-Fairview + Roosevelt County/Wolf Point-Culbertson): blowout + well control + H2S exposure (hydrogen sulfide; toxic + explosive; present in Bakken wells) + high-pressure pump/pipe injuries + oilfield trucking accidents (crude oil haulers + water tankers + vacuum trucks); MT WC + OSHA/MSHA coverage analysis. Montana Products Liability Act: Mont. Code Ann. sec. 27-1-719; strict liability for defective products; elements = defect (design/manufacturing/inadequate warning) + existed when left manufacturer + damages + causation; MT agricultural equipment cases (tractor PTO guard failures + grain auger design defects + ATV rollover defect claims). Carbon/Big Horn County coal: Spring Creek Mine (Decker; Big Horn County; one of largest US surface coal mines) + Absaloka Mine (Hardin; Big Horn) + MT Rosebud Mine (Colstrip; Rosebud County); Black Lung Benefits Act + MSHA safety standards. Nebraska A more practical Nebraska Personal Injury guide: fault pressure, the process pressure that hides behind the rule, and clearer timing PSTCA (Neb. Rev. Stat. §§ 13-901): Nebraska cities/counties/school districts; 1-YEAR notice of claim to governing body (§ 13-919; more generous than KS/NM 90-day); claim must state name/address/nature/injuries/relief; subdivision can deny or fail to act for 6 months before suit. STCA (§§ 81-8,209): Nebraska state agencies; 2-YEAR administrative notice to NE Risk Manager (Nebraska Director of Administrative Services); most generous state STCA notice period. PSTCA damages cap: $1M per person/$5M per occurrence. Offutt AFB (Bellevue, Sarpy County; USSTRATCOM): FTCA jurisdiction; Feres doctrine bars military personnel claims but not civilian contractor/family claims; SF-95 admin claim required. NE prohibits punitive damages: NE Constitution Art. VII § 5 = no punitive/exemplary/vindictive damages in civil cases (UNUSUAL; most states allow punitive). Nevada Nevada Personal Injury strategy: damage documentation, fault pressure, and what deserves review before response Nevada = NO general noneconomic damage cap on personal injury (unlike Utah medical malpractice cap) = favorable for catastrophically injured plaintiffs. Nevada premises liability: casino patrons = invitees (highest duty; duty to keep reasonably safe + warn of known/discoverable dangers). Casino surveillance: hundreds/thousands cameras, footage overwritten in 24-72hr → immediate written preservation demand to casino legal dept/registered agent is critical. Casino negligent security: duty to exercise reasonable care vs. foreseeable criminal assault (parking garage, nightclub, hotel corridor). New Hampshire Personal Injury in New Hampshire: what deserves review before response, damage documentation, and claim timing NH "Live Free or Die" approach to personal injury: NO statutory cap on personal injury noneconomic damages (pain/suffering); NO mandatory auto insurance; NO income or sales tax. Modified comparative fault 50% bar (RSA 507:7-d); 3-year SOL (RSA 508:4; generous vs. most states' 2yr). Two-tier courts: Superior Court (10 counties; major civil jury trials) → NH Supreme Court (5-justice; NO intermediate appellate court; NH among few states with no ICA; all appeals go directly to Supreme Court). Premises liability: duty of reasonable care + modified comparative fault. NH Ski Area Liability Act (RSA 225-A): ski areas must mark trails + maintain lifts + provide rescue/first aid; SKIER'S RESPONSIBILITY for skiing within abilities + inherent sport risks. NH ski resorts: Cannon Mountain (Franconia Notch); Loon Mountain (Lincoln); Waterville Valley; Attitash (Bartlett); Bretton Woods; Mount Sunapee; Gunstock Mountain. Government caps: RSA 507-B: $150K per person/$500K per occurrence for municipal tort liability (cities/towns/counties). NH Board of Claims: prerequisite for suing State of NH. New Jersey New Jersey Personal Injury: fault pressure, document control, and when review matters 90-day Notice of Claim for any government entity (N.J.S.A. 59:8-8): most critical deadline in NJ government injury cases New Mexico New Mexico Personal Injury: evidence timing, the first official sources worth checking, and the next review point worth slowing down for NMTCA (NMSA §§ 41-4-1 et seq.): 90-DAY NOTICE required for ALL government injury claims (name/address/time/place/circumstances/employees involved/amount); strictly enforced — few-day-late notices dismissed. Waiver categories: negligent government vehicle operation + dangerous conditions on public property + public medical malpractice + negligent law enforcement + negligent licensing. NMDOT road hazard claims: missing guardrails/potholes/signage/road surface on state highways = waived; 90-day notice applies; claimant must show NMDOT knew/should have known. NMTCA damage caps: $400K per occurrence per entity; $750K aggregate per occurrence (multiple claimants). APD federal consent decree + § 1983 civil rights claims dual track. New York Personal Injury for New York readers: insurance positioning, evidence timing, and practical next moves Scaffold Law (§ 240(1)): absolute liability on property owners/GCs for gravity injuries to construction workers — comparative fault does not apply North Carolina North Carolina Personal Injury: why claim timing, damage documentation, and document control matter early Pure contributory negligence applies to all NC torts: premises, products, dog bites — even 1% fault = zero recovery North Dakota North Dakota Personal Injury: what to handle first around claim timing, fault pressure, and timing Three-year personal injury SOL (NDCC sec. 28-01-16); two-year wrongful death SOL (sec. 28-01-18.1); pure comparative fault allows recovery at any fault level under NDCC sec. 32-03.2-02 Ohio Starting a personal injury issue in Ohio: injury proof, insurance positioning, and before timing gets tighter Non-economic damages cap: $250K or 3× economic (max $350K per plaintiff) — exceptions for permanent deformity, loss of limb, loss of organ Oklahoma Oklahoma Personal Injury: the practical pressure around injury proof, treatment records, and early sequence Oklahoma WC reform (SB 1062, 2013, Okla. Stat. tit. 85A): administrative Workers' Compensation Commission (WCC) replaced courts; compensability = "major cause" standard (>50% of cause, including occupational disease); TTD = 70% AWW; PPD = AMA Guides; WC exclusivity vs. employer; third-party tort claims allowed; WC subrogation lien on tort recovery (made-whole doctrine); Dillard's v. Curry 2016 OK 40, 381 P.3d 453 = Oklahoma "Option" (opt-out) struck down as unconstitutional; all OK employers must participate in WC Oregon Oregon Personal Injury explained: what actually drives the file, damage documentation, and before deadlines close options Fazzolari v. Portland School District No. 1J 303 Or. 1 (1987): Oregon Supreme Court eliminated categorical duty rules (invitee/licensee/trespasser) — Oregon personal injury analysis asks only whether defendant's conduct created FORESEEABLE UNREASONABLE RISK of harm; premises liability, product defect, recreational injury all governed by foreseeability standard; recreational use statute exception (ORS 105.672) — no liability for free recreational use unless gross negligence/fee charged Pennsylvania Pennsylvania Personal Injury: why insurance positioning, treatment records, and early leverage matter early Premises liability: invitee standard requires active inspection — hills and ridges doctrine limits ice liability for natural accumulation Rhode Island Rhode Island Personal Injury: deadline control, the overlooked paperwork that changes strategy, and the next review point worth slowing down for Rhode Island personal injury framework: 51% comparative fault bar (R.I. Gen. Laws sec. 9-20-4); 3-year SOL (R.I. Gen. Laws sec. 9-1-14; discovery rule for latent injuries); NO cap on non-economic damages in RI personal injury; RI punitive damages = actual malice or willful disregard of plaintiff's rights (higher than negligence; lower than specific intent to harm). Lead paint landmark: State v. Lead Industries Association, 951 A.2d 428 (R.I. 2008) (RI Supreme Court REVERSED trial court; public nuisance theory FAILED because manufacturers lacked sufficient control over lead paint in specific homes at issue). Lead Hazard Mitigation Act (R.I. Gen. Laws sec. 23-24.6-1+): landlords of pre-1978 rental properties with children under 6 must achieve "lead safe" certification before child moves in; lead-safe certification from licensed lead inspectors; STRICT LIABILITY for landlords whose tenants' children suffer lead poisoning without certification. Providence old housing (highest % pre-1940 housing in US): South Providence (low-income Hispanic/African-American community) + Olneyville + West End + Elmwood = highest RI lead poisoning risk neighborhoods; claims = pediatric neurological injury (cognitive impairment/behavior disorders/reduced IQ from elevated blood lead levels) + landlord liability (Lead Hazard Mitigation Act + common law negligence). South Carolina South Carolina Personal Injury Guide: fault pressure, injury proof, and where the first pressure builds Strict liability dog bite (§ 47-3-110): owner liable for bite in public or when victim lawfully on private property — no prior viciousness proof needed; NO social host extension; defenses: trespassing victim, deliberate provocation only; homeowners insurance breed exclusions common South Dakota Personal Injury in South Dakota: the early file behind injury proof, insurance positioning, and real next steps South Dakota premises liability: traditional TRI-PARTITE framework (SDCL sec. 20-9-1); invitees (business customers + tourists paying admission; highest duty = inspect for + warn of/correct dangerous conditions both known and reasonably discoverable) + licensees (social guests; warn of KNOWN dangerous conditions only) + trespassers (no duty except no intentional injury); child attractive nuisance = Restatement (Second) sec. 339. FEDERAL PROPERTY EXCEPTION: Mount Rushmore (Keystone; Pennington County; NPS) + Badlands NP (southwestern SD; 244,000 acres; buttes + pinnacles + spires) + Jewel Cave + Wind Cave = FEDERAL PROPERTY; accidents = FTCA (28 U.S.C. sec. 1346(b)) claims NOT state tort law. Custer State Park (Custer County; bison herd ~1,300 animals; annual Buffalo Roundup September draws 20,000+ spectators): buffalo-vehicle collisions + tourist-buffalo interactions; state park (not federal); state tort liability rules apply. Crazy Horse Memorial (Custer County; world's largest mountain carving; in progress since 1948; Ziolkowski family private nonprofit): visitor falls at overlook decks; private property liability. Wall Drug Store (Wall; Pennington County; 511+ billboards statewide + regionally; ~2 million visitors/year): invitees; wet floor + merchandise display trip + parking lot inadequate lighting = frequent SD premises claims. Badlands NP: tourist falls from eroded formations (sharply eroded buttes invite climbers) + prairie rattlesnake bites (western rattlesnakes present throughout Badlands) + bison interactions = FTCA claims (NPS federal property). Dram Shop: SDCL sec. 35-4-78; SDCL Title 35 licensees (tavern + bar + package store + restaurant with liquor license) liable for injuries by "noticeably intoxicated" person or minor to whom alcohol was sold; significant in Sturgis Rally (Meade County establishments) + Deadwood casino district (Lawrence County; 80+ gaming establishments). Tennessee Tennessee Personal Injury: what to handle first around injury proof, treatment records, and timing Non-economic damages cap: $750,000 standard, $1,000,000 for catastrophic injuries (T.C.A. § 29-39-102); cap lifted for DUI, felony conviction, intentional misconduct Texas Personal Injury in Texas: what needs order before action, treatment records, and insurance positioning Modified comparative fault: 51% bar — being found more than half at fault eliminates your Texas personal injury claim entirely Utah Personal Injury in Utah: how fault pressure and decision sequencing shape the early file 50% comparative fault bar (§ 78B-5-818): 50% at fault = ZERO recovery (stricter than most states' 51% bar); below 50% → proportional reduction; proportionate liability (not joint and several) between defendants; NON-PARTY fault allocation (§ 78B-5-818(3)-(4)): jury assigns fault % to unnamed parties (immune entities, deceased tortfeasors, prior treating physicians) → reduces named defendant's liability → plaintiff bears non-party's share; defense uses non-party allocation aggressively; plaintiff must investigate all contributing parties before filing Vermont Personal Injury in Vermont: what deserves review before response, damage documentation, and claim timing Three-year personal injury SOL (12 V.S.A. sec. 512); modified comparative fault with 51% bar (12 V.S.A. sec. 1036); NO statutory damages cap on personal injury or wrongful death — one of few New England states without one Virginia Virginia Personal Injury explained: what deserves review before response, claim timing, and before the file hardens Contributory negligence applies to ALL Virginia PI — Winn-Dixie v. Parker (1990) applied it to slip-and-fall; any plaintiff fault = zero recovery Washington Personal Injury in Washington: how claim timing and decision sequencing shape the early file No non-economic damage cap — Sofie v. Fibreboard Corp. (112 Wn.2d 636, 1989) struck down cap as unconstitutional under WA right to jury trial West Virginia West Virginia Personal Injury: where the timing points that turn a routine issue expensive changes how readers should frame the problem WVTCA (§§ 29-12A-1): waives WV governmental immunity for employee negligence within scope of employment; covers PI + property damage + wrongful death. IMPORTANT: NO separate shorter notice period — standard 2-year SOL governs both notice and filing (unlike KS 90-day/NE 1-year PSTCA notices; WV government claims use same 2-year SOL as general PI). WVTCA caps: $1M per claimant/$5M per occurrence (political subdivisions). WVDOT highway defect claims = most frequent WVTCA actions. Federal districts: N.D.W.Va. (Clarksburg; Morgantown/WVU + Eastern Panhandle) + S.D.W.Va. (Charleston; Huntington + southern coalfields + opioid MDL). WV = NO statutory cap on noneconomic damages in general personal injury (contrast ID § 6-1603 applies to ALL PI). Wisconsin Starting a personal injury issue in Wisconsin: damage documentation, fault pressure, and before the file hardens NO cap on non-economic damages in general PI (contrast Maryland's § 11-108 ~$690K cap, TN's $750K cap): Wisconsin jury awards uncapped except medical malpractice (§ 655.017 capped at $750K separately) Wyoming Understanding Personal Injury in Wyoming: fault pressure, decision sequencing, and next steps Wyoming modified comparative negligence: 50% bar rule (Wyo. Stat. § 1-1-109); proportional rather than joint/several liability; 4-year SOL (§ 1-3-105); 2-year wrongful death (§ 1-3-104); Governmental Claims Act caps at $250K/person with mandatory 2-year notice

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