Puerto Rico Personal Injury Laws
Puerto Rico is a civil law jurisdiction with a pure comparative fault system — you can recover damages even if you are mostly at fault, though your recovery is reduced by your percentage of fault. The statute of limitations for personal injury is just 1 year from knowledge of the injury, one of the shortest in any U.S. jurisdiction. Puerto Rico also has a no-fault auto insurance system administered by the ACAA (Automobile Accident Compensation Administration).
Last verified: 2026-02-26
Statute of Limitations
Personal injury (extracontractual liability) claims must be filed within 1 year from the date the injured person knew or should have known of the injury and the identity of the person who caused it. This is one of the shortest limitation periods in any U.S. jurisdiction.
Exceptions
The one-year period does not begin running until the injured person knows or should have known both the existence of the damage and the identity of the tortfeasor.
The statute of limitations can be interrupted (tolled) by an extrajudicial claim letter that meets specific legal requirements, or by an acknowledgment of fault by the tortfeasor.
The statute of limitations does not run against minors (under 21 in Puerto Rico) who lack legal capacity to act.
Wrongful death claims are subject to the same one-year prescriptive period, running from the date of death or knowledge thereof.
Fault & Liability Rules
Puerto Rico follows a pure comparative fault system. A plaintiff can recover damages even if they are 99% at fault — their recovery is simply reduced by their percentage of fault. There is no threshold that bars recovery entirely, unlike modified comparative fault states.
Damage Caps
Puerto Rico does not impose a statutory cap on compensatory damages in personal injury cases.
The 2020 Civil Code authorized punitive damages for the first time in Puerto Rico law. They require proof that the act was deceitful (doloso) or committed with wanton disregard for life, safety, or property, and cannot exceed the compensatory damages awarded.
Auto Insurance System
Puerto Rico has a no-fault auto insurance system. The ACAA (Automobile Accident Compensation Administration) provides medical and disability compensation for traffic accident injuries regardless of fault. Compulsory liability insurance (CLI/SRO) covers up to $4,500 per accident for damage to other vehicles, with the premium included in the annual vehicle registration fee.
Tort Threshold
No specific monetary tort threshold — the ACAA system provides medical benefits directly, and tort claims are brought separately under the Civil Code for additional damages
Key Puerto Rico Statutes
A person who by an act or omission causes damage to another through fault or negligence shall be obliged to repair the damage. This is the foundation of all personal injury claims in Puerto Rico.
When multiple persons cause damage, they are jointly and severally (solidarily) liable for the full amount of damages.
All motor vehicles in Puerto Rico must carry compulsory liability insurance covering up to $4,500 per accident for property damage to other vehicles. The premium ($99/year for private vehicles) is included in the annual registration fee.
Official Sources
Not Legal Advice
This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Oficina de Gerencia y Presupuesto - Virtual Library. For advice about your specific situation, consult a licensed attorney.
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