Do I have a case?

Nobody can answer that from a web page. What a page can do is show you the four things every injury claim needs and where your situation stands on each.

Which state did it happen in?
Did someone else do something careless, or break a traffic or safety rule?

Ran a light, followed too closely, left a spill on the floor, did not fix a broken step.

Were you physically hurt?

Pain that started with the incident counts, even if it showed up a day or two later.

Have you seen a doctor or other provider about it?

An emergency room, urgent care, your own doctor, a chiropractor.

Could someone argue you were partly at fault?

Speeding, looking at a phone, crossing outside a crosswalk, ignoring a warning sign.

Is there insurance that might cover it?

The other driver’s policy, your own auto policy, a business or homeowner’s policy.

Was a government agency or public property involved?

A city bus, a public school, a road defect, a public sidewalk.

The four things every injury claim needs

  1. Someone owed you care. Drivers owe everyone on the road reasonable care. A store owes its customers a reasonably safe place to shop. This part is rarely in dispute.
  2. They did not take it. They ran the light, followed too closely, left the spill, ignored the broken stair. This is what the evidence is for.
  3. That is what hurt you. The injury has to come from the incident, not from something before or after it. Prompt medical records are how this is shown.
  4. You have real losses. Medical bills, lost income, and the effect on your life. No losses, no claim, however careless the other person was.

What changes by state

Whether you can recover when you share the blame, how long you have, and what insurance must exist all depend on the state.

Rules that affect whether and how a claim can be brought
CaliforniaTexasWashington
If you were partly at faultCalifornia reduces your damages by your percentage of responsibility. There is no cutoff: you can recover something even if you were mostly at fault.Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 405Texas reduces your damages by your percentage of responsibility. If you are found more than 50 percent responsible, you recover nothing.Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012Your share of fault reduces your damages by that percentage but does not bar your claim. One exception: an injured person who was under the influence can be barred entirely if that was a cause of the injury and they were more than 50 percent at fault.RCW 4.22.005; RCW 5.40.060
Deadline to sue for an injuryGenerally two years for an injury caused by someone else’s wrongful act or carelessness.Cal. Code Civ. Proc. § 335.1Two years from the day the claim arises. For most crashes and falls that is the day of the injury.Tex. Civ. Prac. & Rem. Code § 16.003(a)Three years for most injury claims.RCW 4.16.080(2)
Claims against a government agencyA written claim must be presented to the city, county, state agency or other public entity within six months. If the entity sends a proper written rejection, a lawsuit generally has to be filed within six months of that notice. A request to file late must be made within a reasonable time, not to exceed one year after the claim arose. The statute leaves a few narrow kinds of time out of that year.Cal. Gov. Code §§ 911.2, 911.4, 945.6A city, county, school district or state agency must receive notice of the claim within six months of the incident. The notice describes the injury or damage, the time and place, and what happened. A city’s charter can set its own notice period, which may be shorter, so do not assume you have the full six months.Tex. Civ. Prac. & Rem. Code § 101.101Before suing a city, county or other local government, you must present a tort claim form to its designated agent and then wait 60 calendar days. Claims against the State go to the Office of Risk Management with the same 60 day wait. The form has to be presented within the normal limitation period, and that period is paused during the 60 days.RCW 4.96.020; RCW 4.92.100; RCW 4.92.110
Uninsured and underinsured motorist coverageEvery auto liability policy includes uninsured and underinsured motorist coverage unless the insurer and a named insured removed or reduced it in a signed written agreement.Cal. Ins. Code § 11580.2(a)An auto policy in Texas must include uninsured and underinsured motorist coverage unless a named insured rejected it in writing. If you never signed a rejection, you may have this coverage without knowing it.Tex. Ins. Code § 1952.101A new auto policy must include underinsured motorist coverage, which in Washington also covers uninsured, hit and run and phantom vehicles, unless the named insured or spouse rejected it in writing.RCW 48.22.030
If you had no insurance yourselfIf you owned or drove a vehicle in the crash that was not insured as the law requires, you can still recover your medical bills and lost income from the driver at fault, but not damages for pain and suffering. There is an exception for an uninsured owner who was hit by a driver later convicted of driving under the influence.Cal. Civ. Code § 3333.4No rule published here for this state. Ask us.No rule published here for this state. Ask us.

What this page will not do

It will not tell you that you have a case or that you do not, and it will not put a number on one. Those answers depend on evidence, insurance and facts that only come out when a person looks at your situation.

Sources

Primary sources for the rules on this page. Checked on the dates shown.

  1. Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 405 (checked October 3, 2026)
  2. Cal. Code Civ. Proc. § 335.1 (checked October 3, 2026)
  3. Cal. Gov. Code §§ 911.2, 911.4, 945.6 (checked October 3, 2026)
  4. Cal. Ins. Code § 11580.2(a) (checked October 3, 2026)
  5. Cal. Civ. Code § 3333.4 (checked October 3, 2026)
  6. Tex. Civ. Prac. & Rem. Code §§ 33.001, 33.012 (checked October 3, 2026)
  7. Tex. Civ. Prac. & Rem. Code § 16.003(a) (checked October 3, 2026)
  8. Tex. Civ. Prac. & Rem. Code § 101.101 (checked October 3, 2026)
  9. Tex. Ins. Code § 1952.101 (checked October 3, 2026)
  10. RCW 4.22.005; RCW 5.40.060 (checked October 3, 2026)
  11. RCW 4.16.080(2) (checked October 3, 2026)
  12. RCW 4.96.020; RCW 4.92.100; RCW 4.92.110 (checked October 3, 2026)
  13. RCW 48.22.030 (checked October 3, 2026)

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