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Puerto Rico law

Personal Injury Laws in Puerto Rico.

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

State law

Statute of Limitations

1 yearP.R. Laws Ann. tit. 31, § 5298(2) (former Art. 1868); Civil Code of 2020, Art. 1204

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

Discovery Rule1 year from discoveryCivil Code of 2020, Art. 1204

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.

Extrajudicial TollingP.R. Laws Ann. tit. 31, § 5303 (former Art. 1873)

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.

MinorsTolled until age 21P.R. Laws Ann. tit. 31, § 5294 (former Art. 1864)

The statute of limitations does not run against minors (under 21 in Puerto Rico) who lack legal capacity to act.

Wrongful Death1 year from date of deathP.R. Laws Ann. tit. 31, § 5298(2)

Wrongful death claims are subject to the same one-year prescriptive period, running from the date of death or knowledge thereof.

State law

Fault & Liability Rules

Pure Comparative FaultCivil Code of 2020, Art. 1536 (former Art. 1802); P.R. Laws Ann. tit. 31, § 5141

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.

State law

Damage Caps

Compensatory Damages: No cap

Puerto Rico does not impose a statutory cap on compensatory damages in personal injury cases.

Punitive Damages: Cannot exceed compensatory damagesCivil Code of 2020, Art. 1538

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.

State law

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

State law

Key Puerto Rico Statutes

General Tort LiabilityCivil Code of 2020, Art. 1536 (former Art. 1802); P.R. Laws Ann. tit. 31, § 5141

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.

Solidarity Among Joint TortfeasorsCivil Code of 2020, Art. 1540 (former Art. 1803)

When multiple persons cause damage, they are jointly and severally (solidarily) liable for the full amount of damages.

Compulsory Liability Insurance (CLI/SRO)P.R. Laws Ann. tit. 26, § 8051 et seq.

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.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Puerto Rico.

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