California personal injury law covers civil claims arising from injuries caused by another party’s legally actionable conduct. Many claims are based on negligence, but some involve strict liability, statutes, or other legal theories.
For many California personal injury claims, the general deadline to file a lawsuit is two years from the date of injury under California Code of Civil Procedure § 335.1. Different deadlines can apply to government claims and other types of cases.
If you have been injured, the basic process is usually to identify who may be responsible, preserve evidence, document your injuries and losses, determine which legal deadlines apply, and pursue compensation through an insurance claim or lawsuit when appropriate.
What Is a Personal Injury Claim in California?
A personal injury claim is a civil claim seeking compensation for legally compensable harm caused by another party.
Many California personal injury claims involve negligence. California Civil Code § 1714 establishes a general duty to use ordinary care and provides that a person can be responsible for injuries caused by a lack of ordinary care or skill.
However, not every personal injury case is based on negligence. Some claims can involve strict liability or specific statutory rules. The legal requirements therefore depend on the type of injury and claim.
Common examples of personal injury claims
| Situation | Potentially responsible party |
|---|---|
| Car accident | Driver or other parties whose conduct contributed to the crash |
| Truck accident | Driver, trucking company, or other responsible parties |
| Slip and fall | Property owner, occupier, or another responsible party |
| Dog bite | Dog owner, subject to California’s applicable dog-bite law |
| Rideshare accident | Driver and potentially applicable insurance coverage |
| Pedestrian accident | Driver, and in some cases a party responsible for road conditions |
| Injury involving public property | Potentially a government entity, subject to special rules |
Being injured does not automatically establish liability. The facts, evidence, applicable legal theory, and potentially responsible parties all have to be evaluated.
When there may not be a valid claim
Not every injury creates a legal claim. If no party breached a legal duty, there may be no basis for recovery regardless of how serious the injury is. An accident that could not reasonably have been prevented may not give rise to liability at all.
Where the injured person’s own conduct is the only contributing factor, that can also affect whether a claim exists. Partial fault is treated differently, as explained below.
If you are unsure which situation applies, our personal injury lawyers in Los Angeles can review the circumstances with you.
How Does a California Personal Injury Claim Work?
Although every case is different, a personal injury claim generally follows several stages:
1. The injury occurs
The first step is understanding what happened and identifying the people, businesses, vehicles, property, or other parties potentially involved.
2. Evidence is preserved
Photographs, video, police or incident reports, witness information, medical records, and other evidence can help establish what happened and how the injury occurred. The steps taken in the hours after a car accident often determine how much of this evidence still exists weeks later.
3. Medical treatment is documented
Medical records can help establish the nature of the injury, treatment received, recovery process, and relationship between the incident and the claimed injuries.
4. Liability and damages are evaluated
The claim is evaluated based on responsibility for the incident, the strength of the evidence, medical treatment, lost income, other losses, insurance coverage, and applicable law.
5. An insurance claim may be pursued
Depending on the circumstances, a claim may be presented to an applicable insurance company. The parties may negotiate toward a settlement.
6. A lawsuit may be filed
If the dispute cannot be resolved through negotiation, litigation may become necessary. Filing a lawsuit does not necessarily mean the case will go to trial; cases can resolve through settlement or mediation during litigation.
What Do You Have to Prove in a California Personal Injury Case?
For a typical negligence claim, four elements are central:
| Element | Meaning |
|---|---|
| Duty | The defendant owed the injured person a legally recognized duty of care |
| Breach | The defendant failed to meet that duty |
| Causation | The defendant’s conduct caused or contributed to the injury |
| Damages | The injured person suffered legally compensable harm or losses |
The exact elements can differ for other types of personal injury claims.
In many negligence disputes, the major questions are whether the defendant caused the injury and whether the claimed damages are supported by evidence. Medical records, photographs, witness statements, accident reports, and other documentation can therefore be important.
How Long Do You Have to File a Personal Injury Claim in California?
California Code of Civil Procedure § 335.1 generally provides a two-year statute of limitations for an action involving injury to, or the death of, an individual caused by the wrongful act or neglect of another.
That does not mean every personal injury case has exactly the same deadline.
Government claims can have a shorter deadline
If a claim involves a California public entity, Government Code § 911.2 generally requires a claim relating to injury to a person or personal property to be presented within six months after accrual. Additional rules can apply after the claim is presented or rejected, including separate deadlines governing when a lawsuit must be filed.
Other claims can have different limitation periods or tolling rules. California has separate statutes addressing certain medical malpractice, toxic-exposure, and other claims.
If you may be approaching a legal deadline, do not rely on the general two-year rule. The applicable deadline should be determined from the specific facts of the case.
What Compensation Can You Recover?
Depending on the circumstances, California personal injury damages can include economic and non-economic losses.
Economic damages
These can include losses such as:
- Medical expenses
- Future medical treatment
- Lost wages
- Reduced earning capacity
- Certain property-related losses
In cases involving permanent impairment, such as a catastrophic injury claim, reduced earning capacity and future medical needs can represent a substantial part of the economic damages.
Non-economic damages
These can include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement
- Other forms of non-economic harm
The amount of compensation depends on the facts and evidence of the individual case. There is no reliable universal formula that determines what every personal injury claim is worth, though the factors that influence settlement value are reasonably consistent across claims.
What If You Were Partly at Fault?
Being partly at fault does not automatically prevent recovery in a California negligence case.
California follows pure comparative negligence. In Li v. Yellow Cab Co. (1975), the California Supreme Court replaced the previous all-or-nothing contributory-negligence rule with a system that reduces damages according to the injured person’s share of negligence.
For example:
| Total damages | Your share of fault | Amount after percentage reduction |
|---|---|---|
| $100,000 | 0% | $100,000 |
| $100,000 | 30% | $70,000 |
| $100,000 | 70% | $30,000 |
The actual result depends on how fault is established and the legal claims involved. An insurance adjuster’s assessment is a position rather than a determination, and how fault percentages are assigned and contested can materially affect what a claim recovers.
What Evidence Matters in a Personal Injury Claim?
A personal injury claim generally depends on evidence showing what happened, who may be responsible, how the injury occurred, and what losses resulted.
Useful evidence can include:
| Evidence | Why it matters |
|---|---|
| Medical records | Documents the injury, diagnosis, and treatment |
| Accident or police reports | Provides contemporaneous information about the incident |
| Photographs and video | Can document injuries, vehicles, property conditions, or the accident scene |
| Witness information | Can support disputed facts |
| Surveillance footage | May show how an accident or incident occurred |
| Employment records | Can support lost-income claims |
| Insurance information | Helps identify potentially available coverage |
Evidence can become harder to obtain as time passes. Surveillance footage may be overwritten, witnesses can become difficult to locate, and physical conditions can change.
What Can Affect the Strength of a Personal Injury Claim?
An injury may be genuine while important aspects of the claim remain disputed.
Common issues include:
- Liability: Whether the evidence establishes that another party was legally responsible.
- Causation: Whether the incident caused or contributed to the claimed injury.
- Medical documentation: Whether the treatment records support the claimed injuries.
- Treatment gaps: Whether unexplained gaps create questions about the severity or continuation of an injury.
- Pre-existing conditions: Whether the incident caused a new injury or affected an existing condition.
- Comparative fault: Whether the injured person also contributed to the incident.
- Insurance coverage: Whether sufficient coverage exists to compensate the claim. Where the responsible party is uninsured or carries low limits, uninsured and underinsured motorist coverage may become the primary source of recovery.
Conduct after the incident can also affect a claim. Statements to insurers and material posted publicly on social media, are routinely reviewed during the claims process.
These issues are why the value and outcome of a personal injury claim cannot be determined from the injury description alone.
What Does a Personal Injury Lawyer Do?
A personal injury attorney may help with several practical parts of a claim, including:
- Investigating how the injury occurred
- Identifying potentially responsible parties
- Preserving relevant evidence
- Communicating with insurance companies
- Evaluating liability and damages
- Reviewing medical and financial records
- Identifying applicable filing deadlines
- Negotiating a potential settlement
- Filing and pursuing a lawsuit when appropriate
The goal is not simply to determine whether someone was injured. The claim also has to establish legal responsibility and support the damages being requested. Our past personal injury case results illustrate the range of matters we have handled.
Frequently Asked Questions
How long do I have to file a personal injury claim in California?
For many personal injury actions, California Code of Civil Procedure § 335.1 provides a two-year statute of limitations. Different rules can apply depending on the type of claim and the parties involved, including a six-month claim-presentation requirement under Government Code § 911.2 where a public entity is involved.
Can I recover if I was partly at fault?
Yes. California follows pure comparative negligence, so your recovery can generally be reduced according to your percentage of fault rather than automatically being eliminated.
How much is a personal injury claim worth?
There is no fixed amount. Claim value can depend on the injury, medical treatment, future medical needs, lost income, liability, comparative fault, evidence, and available insurance coverage.
Do I have to go to court?
Not necessarily. A personal injury claim can resolve through negotiations or mediation. If the parties cannot reach an agreement, a lawsuit may proceed toward trial.
What if the other driver has no insurance?
Your own uninsured or underinsured motorist coverage may provide protection depending on your policy and the circumstances. The applicable insurance policies should be reviewed before assuming that no compensation is available.
Can I recover the full amount my medical provider billed?
Not necessarily. Under Howell v. Hamilton Meats, past medical-expense damages generally cannot include amounts a plaintiff never incurred because the provider accepted less as payment in full. Pebley v. Santa Clara Organics allows an uninsured plaintiff, or one treating outside their insurance plan, to introduce billed amounts as evidence of reasonable value.
Speak With a California Personal Injury Lawyer
RA & Associates reviews personal injury claims in Los Angeles, Orange County, San Diego, Riverside, San Bernardino, Las Vegas, and Phoenix.
If you want to understand whether you may have a personal injury claim, what deadlines could apply, or what evidence may be important, you can request a free case evaluation.
Call 888-417-1080 or request a free case evaluation.
No fee unless we recover for you.
Legal Information
This article provides general information about California personal injury law and is not legal advice. California statutes, case law, deadlines, and insurance rules can change, and the applicable rules depend on the facts of each case.
Romel Ambarchyan
Romel Ambarchyan is the Founding Partner and Managing Attorney at RA & Associates. With more than 10 years of experience in personal injury law, he reviews legal content to help ensure it is accurate, up to date, and aligned with current legal standards.