California injury law at a glance
California gives injured people strong rights, but it also has rules that can quietly reduce or end a claim. These are the ones that come up most often.
| Rule | What it means for you | Source |
|---|---|---|
| Deadline to file a lawsuit | Generally 2 years from the date of injury for most personal injury and wrongful death claims | Cal. Code Civ. Proc. § 335.1 |
| Claims against a government agency | A written claim generally must be presented within 6 months before you can sue | Cal. Gov. Code § 911.2 |
| Shared fault | Pure comparative fault: your recovery is reduced by your share of fault, not barred | Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 |
| More than one at-fault party | Each defendant pays only its share of non-economic damages (pain and suffering) | Cal. Civ. Code § 1431.2 |
| Minimum auto insurance | $30,000 per person / $60,000 per accident / $15,000 property damage for policies issued or renewed on or after January 1, 2025 | Cal. Veh. Code § 16056 |
| Uninsured or convicted drunk drivers | May be barred from recovering pain and suffering damages from a car crash | Cal. Civ. Code § 3333.4 |
| Dog bites | Owners are generally strictly liable for bites in public or where the victim is lawfully on private property | Cal. Civ. Code § 3342 |
Deadlines are shorter than most people expect
The two-year deadline in Code of Civil Procedure section 335.1 is the one most people have heard of. The one that ends more cases is the government claim deadline. If a city bus, a county vehicle, a public school or a dangerous public road played a role in your injury, California's Government Claims Act generally requires a written claim to the agency within six months of the injury. Cal. Gov. Code § 911.2 Only after the claim is rejected, or deemed rejected, can a lawsuit be filed, and that lawsuit has its own short deadline.
Exceptions exist, including for some minors and some late-discovered injuries, but they are narrow. The safest course is to speak with a lawyer well before any deadline.
How fault is shared in California
California uses pure comparative fault. If a jury finds your total damages are $100,000 and you were 20 percent at fault, you recover $80,000. Even a person who was mostly at fault can recover the share caused by others. Insurers know this rule well, which is why they work hard early in a claim to push more of the blame onto you.
When several parties share fault, Proposition 51 changes how damages are collected. Each defendant remains responsible for the full amount of economic damages, such as medical bills and lost wages, but pays non-economic damages only in proportion to its own share of fault. Cal. Civ. Code § 1431.2 That is why identifying every responsible party, from a driver's employer to a property owner, matters.
Insurance in California
Since January 1, 2025, California's minimum liability limits are $30,000 for one person's injuries, $60,000 per accident and $15,000 for property damage. Cal. Veh. Code § 16056 Those amounts rise again for policies issued or renewed on or after January 1, 2035. Many drivers carry only the minimum, which is rarely enough to cover a serious injury.
Your own policy may fill the gap. California insurers must include uninsured motorist coverage unless you waived it in writing, and underinsured motorist coverage can pay the difference when the at-fault driver's limits run out. Cal. Ins. Code § 11580.2 Read more about uninsured and underinsured motorist claims.
Proposition 213. In a car crash case, a person who was driving or owned an uninsured vehicle, or who was convicted of drunk driving for the crash, generally cannot recover non-economic damages such as pain and suffering. An uninsured owner keeps that right if the other driver was convicted of DUI. Cal. Civ. Code § 3333.4 Economic damages, such as medical bills and lost income, are not affected.
What compensation can include
California law aims to make an injured person whole. Depending on the facts, compensation can include:
- Past and future medical care, including surgery, therapy, medication and in-home help
- Lost wages and reduced future earning capacity
- Pain, suffering, emotional distress and loss of enjoyment of life
- Property damage and other out-of-pocket losses
- In rare cases involving malice, oppression or fraud proven by clear and convincing evidence, punitive damages Cal. Civ. Code § 3294
California generally limits past medical damages to the amount actually paid or owed for treatment, not the full billed amount. Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 How your care is billed and paid can therefore affect the value of your claim.
California injury cases we handle
Car accidents in California
Fault, insurance minimums, Proposition 213 and what to do in the first days after a crash.
Rideshare accidents
Uber, Lyft and Waymo crashes, and the $1 million coverage period under Public Utilities Code section 5433.
Truck accidents
Commercial carriers, federal safety rules and multiple responsible parties.
Motorcycle accidents
Lane splitting, helmet arguments and insurer bias against riders.
Pedestrian accidents
Crosswalks, parking lots and driver duties under the Vehicle Code.
Bicycle and e-bike accidents
The Three Feet for Safety Act and right-hook and dooring crashes.
Wrongful death
Who may bring a claim and what a family may recover in California.
Premises liability
Slip and fall, trip and fall, and dangerous public property.
Serving clients throughout California
The firm's office is at 907 Westwood Blvd., Suite 1015, in Westwood, Los Angeles. Eli represents injured people across Los Angeles County, including Santa Monica, Beverly Hills, Century City, Culver City, the San Fernando Valley, Glendale, Burbank, Pasadena, Long Beach, Torrance and the South Bay, as well as Orange County, the Inland Empire and the rest of California. You do not have to come to the office to get started. A consultation by phone is free and available 24/7. See Los Angeles personal injury lawyer for local information.
California personal injury FAQ
How long do I have to file a personal injury lawsuit in California?
Generally two years from the date of injury. Cal. Code Civ. Proc. § 335.1 Claims against a government agency require a written claim much sooner, generally within six months. Some claims have different deadlines, so get advice early.
I didn't have insurance when I was hit. Can I still recover?
You can usually recover economic damages, such as medical bills and lost wages. Under Proposition 213, an uninsured driver or owner generally cannot recover pain and suffering damages from a car crash, unless the at-fault driver was convicted of DUI for that crash. Cal. Civ. Code § 3333.4
The other driver only has minimum insurance. What now?
Look at your own policy. Underinsured motorist coverage can pay the difference between the at-fault driver's limits and your own UIM limits, after the at-fault driver's coverage is exhausted. Other parties, such as an employer or vehicle owner, may also be responsible.
Will my case go to trial?
Most injury claims resolve by settlement. Eli prepares every case as if it will be tried, because insurers make better offers to lawyers who are ready and willing to go to court.
Do I need to live in Los Angeles to hire you?
No. The firm represents people throughout California, and you can begin with a free phone consultation.
This page explains general rules of California and Arizona law. It is not legal advice, laws change, and every case depends on its own facts. Reading it or contacting the firm does not create an attorney-client relationship.
