Personal injury law in California
How long you have to file, how shared fault is treated, whether California is a no-fault auto state, and what damages caps can limit a jury award. Every figure sourced.
Key rules at a glance
| Statute of limitations | 2 years Government claims: 6-month notice (Gov. Code § 911.2). |
|---|---|
| Negligence rule | Pure comparative negligence Pure comparative negligence since Li v. Yellow Cab Co., 13 Cal.3d 804 (1975). |
| Auto no-fault | No |
| Damages caps | MICRA caps med-mal non-economic damages (2024: $390,000 non-death / $560,000 death; AB 35). MICRA caps med-mal non-economic damages (2024: $390,000 non-death / $560,000 death; AB 35). |
What the filing deadline means in California
Personal injury claims in California must generally be filed within 2 years of the date of injury. Government claims: 6-month notice (Gov. Code § 911.2). If you miss the statute, the claim is time-barred regardless of how strong it is. Discovery rules can shift the start date for latent injuries, and government claims often carry much shorter notice deadlines (sometimes 60 to 180 days).
How shared fault works under pure comparative negligence
Your recovery is reduced by your percentage of fault, even if you were 99% at fault. Pure comparative negligence since Li v. Yellow Cab Co., 13 Cal.3d 804 (1975).
Practical effect: if a jury values your case at $200,000 and assigns you 30% of the fault, you recover $140,000 (70% of the verdict).
Damages caps in California
MICRA caps med-mal non-economic damages (2024: $390,000 non-death / $560,000 death; AB 35).
A cap does not change the value of your injuries; it changes what a jury is allowed to award. Caps most often apply to non-economic damages (pain and suffering) and to medical malpractice cases. Economic damages, like medical bills and lost wages, are generally not capped.
Settlement guides for California
Auto claim settlement ranges and the California statute, fault rule, and PIP posture.
Premises liability, notice, and the negligence elements that decide California claims.
FMCSA framing, multi-defendant stacks, and the 30-day evidence window in California.
Helmet law, rider bias, and how California's fault rule hits motorcycle recovery.
Statute of repose, damages caps, and the affidavit-of-merit gate for California med-mal claims.
Workers' comp benefits, third-party liability, and exclusive-remedy limits in California.
Strict liability, statute of repose, and punitive caps for California product cases.
Strict liability vs one-bite, homeowners coverage, and provocation defenses in California.
Who has standing, recoverable damages, and survival actions in California.
Active MDLs including California plaintiffs, discovery-rule deadlines, and bellwether settlement grids.
Case types in California
These case-type hubs explain how settlement value is built and how each type interacts with California's rules above.
Related reads
How California's pure comparative negligence rule shapes auto settlement value.
Multi-party liability, FMCSA regulations, and the 30-day evidence window.
Helmet laws, anti-rider bias, and how comparative fault hits riders.
Premises liability and the negligence elements you must prove.
Standard of care, statute of repose, and California's med-mal caps.
Workers' comp vs third-party liability claims.
Strict liability vs one-bite rule by state.
Who can file and what damages are recoverable.
Frequently asked questions
Sources
Want a different state? See all 50 state hubs.