Not a law firm. No legal advice, no attorney-client relationship — the published math, with its source.
LBTN

Injury Settlement Math

How injury claims are valued on paper: the multiplier and per-diem methods described in published consumer-legal literature, plus your state’s comparative-negligence rule, damage caps, and filing deadline. Every estimate is a range, every state figure cites the statute it comes from.

Comparative-negligence rule by state

Which fault rule each verified state applies to an injury claim, from its own statute or its highest court.

Comparative-negligence rule by stateWhich fault rule each verified state applies to an injury claim, from its own statute or its highest court. The same data is listed as a table below this graphic.AKAlaska: Not verified yet — not a finding about the stateMEMaine: Modified — barred at 50% fault or moreWIWisconsin: Modified — barred above 50% faultVTVermont: Modified — barred above 50% faultNHNew Hampshire: Modified — barred above 50% faultMAMassachusetts: Not verified yet — not a finding about the stateWAWashington: Pure comparative — reduced by your share, never barredIDIdaho: Modified — barred at 50% fault or moreMTMontana: Modified — barred above 50% faultNDNorth Dakota: Modified — barred at 50% fault or moreMNMinnesota: Not verified yet — not a finding about the stateILIllinois: Modified — barred above 50% faultMIMichigan: Modified — only NON-economic damages barred above 50%NYNew York: Not verified yet — not a finding about the stateCTConnecticut: Modified — barred above 50% faultRIRhode Island: Pure comparative — reduced by your share, never barredOROregon: Modified — barred above 50% faultNVNevada: Not verified yet — not a finding about the stateWYWyoming: Modified — barred above 50% faultSDSouth Dakota: Slight/gross negligenceIAIowa: Modified — barred above 50% faultINIndiana: Not verified yet — not a finding about the stateOHOhio: Modified — barred above 50% faultPAPennsylvania: Modified — barred above 50% faultNJNew Jersey: Not verified yet — not a finding about the stateCACalifornia: Pure comparative — reduced by your share, never barredUTUtah: Modified — barred at 50% fault or moreCOColorado: Modified — barred at 50% fault or moreNENebraska: Modified — barred at 50% fault or moreMOMissouri: Not verified yet — not a finding about the stateKYKentucky: Pure comparative — reduced by your share, never barredWVWest Virginia: Modified — barred above 50% faultVAVirginia: Contributory — any fault of your own bars recovery entirelyMDMaryland: Contributory — any fault of your own bars recovery entirelyDEDelaware: Modified — barred above 50% faultAZArizona: Pure comparative — reduced by your share, never barredNMNew Mexico: Not verified yet — not a finding about the stateKSKansas: Modified — barred at 50% fault or moreARArkansas: Not verified yet — not a finding about the stateTNTennessee: Not verified yet — not a finding about the stateNCNorth Carolina: Not verified yet — not a finding about the stateSCSouth Carolina: Not verified yet — not a finding about the stateDCDistrict of Columbia: Contributory — any fault of your own bars recovery entirelyOKOklahoma: Modified — barred above 50% faultLALouisiana: Modified — barred above 50% faultMSMississippi: Not verified yet — not a finding about the stateALAlabama: Not verified yet — not a finding about the stateGAGeorgia: Not verified yet — not a finding about the stateHIHawaii: Not verified yet — not a finding about the stateTXTexas: Modified — barred above 50% faultFLFlorida: Modified — barred above 50% fault
  • Pure comparative — reduced by your share, never barred
  • Modified — barred above 50% fault
  • Modified — barred at 50% fault or more
  • Modified — only NON-economic damages barred above 50%
  • Contributory — any fault of your own bars recovery entirely
  • Slight/gross negligence
  • Not verified yet — not a finding about the state
The red cells are the ones worth knowing about: in a contributory-negligence jurisdiction any share of fault at all defeats the claim outright. Note also that the wording of a modified bar decides real cases — a claimant found exactly half at fault recovers in a "barred above 50%" state and recovers nothing in a "50% or more" state.
Read this as a table
StateComparative-negligence rule by state
AlabamaNot verified yet — not a finding about the state
AlaskaNot verified yet — not a finding about the state
ArizonaPure comparative — reduced by your share, never barred
ArkansasNot verified yet — not a finding about the state
CaliforniaPure comparative — reduced by your share, never barred
ColoradoModified — barred at 50% fault or more
ConnecticutModified — barred above 50% fault
DelawareModified — barred above 50% fault
District of ColumbiaContributory — any fault of your own bars recovery entirely
FloridaModified — barred above 50% fault
GeorgiaNot verified yet — not a finding about the state
HawaiiNot verified yet — not a finding about the state
IdahoModified — barred at 50% fault or more
IllinoisModified — barred above 50% fault
IndianaNot verified yet — not a finding about the state
IowaModified — barred above 50% fault
KansasModified — barred at 50% fault or more
KentuckyPure comparative — reduced by your share, never barred
LouisianaModified — barred above 50% fault
MaineModified — barred at 50% fault or more
MarylandContributory — any fault of your own bars recovery entirely
MassachusettsNot verified yet — not a finding about the state
MichiganModified — only NON-economic damages barred above 50%
MinnesotaNot verified yet — not a finding about the state
MississippiNot verified yet — not a finding about the state
MissouriNot verified yet — not a finding about the state
MontanaModified — barred above 50% fault
NebraskaModified — barred at 50% fault or more
NevadaNot verified yet — not a finding about the state
New HampshireModified — barred above 50% fault
New JerseyNot verified yet — not a finding about the state
New MexicoNot verified yet — not a finding about the state
New YorkNot verified yet — not a finding about the state
North CarolinaNot verified yet — not a finding about the state
North DakotaModified — barred at 50% fault or more
OhioModified — barred above 50% fault
OklahomaModified — barred above 50% fault
OregonModified — barred above 50% fault
PennsylvaniaModified — barred above 50% fault
Rhode IslandPure comparative — reduced by your share, never barred
South CarolinaNot verified yet — not a finding about the state
South DakotaSlight/gross negligence
TennesseeNot verified yet — not a finding about the state
TexasModified — barred above 50% fault
UtahModified — barred at 50% fault or more
VermontModified — barred above 50% fault
VirginiaContributory — any fault of your own bars recovery entirely
WashingtonPure comparative — reduced by your share, never barred
West VirginiaModified — barred above 50% fault
WisconsinModified — barred above 50% fault
WyomingModified — barred above 50% fault

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