Personal Injury Legal Costs by State

Alabama follows a pure contributory negligence rule — if you're even 1% at fault, you may recover nothing

Alaska's remote geography can increase legal costs for depositions and expert travel

Arizona is a pure comparative fault state — you can recover even if mostly at fault

Arkansas uses modified comparative fault with a 50% threshold

California has some of the highest litigation costs in the nation

Colorado uses a modified comparative fault system with a 50% threshold

Connecticut courts may review contingency fee agreements for reasonableness

Delaware uses modified comparative fault with a 51% threshold

Florida has specific Bar rules governing contingency fee percentages in PI cases

Georgia uses a modified comparative fault system with a 50% bar

Hawaii's island geography increases travel costs for depositions and experts

Idaho uses modified comparative fault with a 50% bar

Cook County (Chicago) is one of the most expensive litigation venues in the U.S.

Indiana's Medical Malpractice Act significantly limits fees and total damages

Iowa uses a modified comparative fault system with a 51% threshold

Kansas uses a modified comparative fault system with a 50% bar

Kentucky is a pure comparative fault state

Louisiana uses a pure comparative fault system

Maine uses modified comparative fault with a 50% bar

Maryland follows contributory negligence — any fault bars recovery

Massachusetts requires medical malpractice cases to pass a tribunal screening

Michigan's no-fault auto insurance system significantly affects PI costs

Minnesota uses a modified comparative fault system with a 51% threshold

Mississippi is a pure comparative fault state

Missouri is a pure comparative fault state

Montana uses modified comparative fault with a 51% threshold

Nebraska uses a modified comparative fault system with a 50% bar

Nevada uses modified comparative fault with a 51% threshold

New Hampshire uses modified comparative fault with a 51% threshold

New Jersey has one of the most detailed sliding-scale fee schedules in the nation

New Mexico is a pure comparative fault state

New York City has the highest litigation costs in the United States

North Carolina follows contributory negligence — any fault bars recovery

North Dakota uses modified comparative fault with a 50% bar

Ohio uses modified comparative fault with a 51% threshold

Oklahoma uses modified comparative fault with a 51% threshold

Oregon uses modified comparative fault with a 51% threshold

Pennsylvania uses modified comparative fault with a 51% threshold

Rhode Island is a pure comparative fault state

South Carolina uses modified comparative fault with a 51% threshold

South Dakota uses modified comparative fault with a slight fault bar

Tennessee has a 33.3% cap on medical malpractice contingency fees

Texas uses a modified comparative fault system with a 51% threshold

Utah uses modified comparative fault with a 50% bar

Vermont uses modified comparative fault with a 51% threshold

Virginia follows contributory negligence — any fault bars recovery entirely

Washington is a pure comparative fault state

West Virginia uses modified comparative fault with a 50% threshold

Wisconsin uses modified comparative fault with a 51% threshold

Wyoming uses modified comparative fault with a 51% threshold

DC follows contributory negligence — any fault bars recovery