Home › Personal Injury Laws by State › California Personal Injury Laws

California generally requires most personal injury lawsuits based on negligence to be filed within two years after the claim accrues. Claims against public entities generally require a formal administrative claim within a much shorter period before any lawsuit, and different periods, accrual questions, exceptions, and tolling provisions apply to some kinds of claims. This page cannot determine which deadline applies to any particular situation; only a licensed California attorney reviewing the facts can do that.

California generally follows an at-fault system for motor-vehicle injury claims. Liability ordinarily depends on who caused the collision. The compensation available in any particular matter generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

California follows a pure comparative-fault rule. In general terms, compensation may be reduced according to an injured person's share of fault, but a person's own fault generally does not bar recovery entirely. Whether and how fault is attributed in any particular matter depends on its facts and may have to be determined by a court of law.

California generally requires vehicle owners to maintain liability insurance that meets minimum requirements established by state law. Insurers are also generally required to offer uninsured/underinsured motorist coverage, which a policyholder may waive in writing. California law may also limit some categories of compensation otherwise available to a person who did not carry required insurance. The coverage available in any particular situation depends on the policies involved and current law.

California does not impose a general cap on compensatory damages in most personal injury cases, but state law does limit certain categories of damages in specific kinds of claims, including limits on non-economic damages in medical professional negligence cases. Special rules may also apply to certain claims and parties, including claims involving public entities. Because these provisions and amounts may change, this page does not state a dollar figure or determine whether any limit applies to a particular matter.

California personal injury lawsuits may be filed in the state's superior courts, which have general civil jurisdiction, including limited-civil procedures for smaller matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed California attorney can evaluate.

A licensed California attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the California communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.