How long do I have to file a personal injury claim in California?

In California, the statute of limitations for most personal injury claims is 2 years. You must file your lawsuit within 2 years of the date of injury. Missing this deadline typically bars you from recovering any compensation.

Are there damage caps in California personal injury cases?

In California: No cap on compensatory damages; $350K non-economic in med mal. These caps may affect how much you can recover, particularly for non-economic damages like pain and suffering.

What is the average personal injury settlement in California?

Average personal injury settlements in California range from approximately $80,000–$400,000 depending on injury type, liability, insurance coverage, and other case-specific factors.

California Personal Injury Law — Statute of Limitations, Fault Rules & More

Q: What is the fault system in California?

California uses Pure comparative fault. Your compensation is reduced by your percentage of fault in causing the accident.

2 years Filing deadline

Pure Fault system

$80,000 Avg settlement (low)

6 Common case types

Overview of Personal Injury Law in California

California is one of the most plaintiff-friendly states in the US. It uses a pure comparative fault system with no cap on most compensatory damages. Medical malpractice non-economic damages are capped at $350,000, increasing to $750,000 by 2033.

This guide covers the most important rules for personal injury claims in California, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed California attorney for your specific situation.

Key California Personal Injury Statutes

CCP § 335.1 (SOL)

CCP § 1431.2 (comparative fault)

MICRA (med mal cap)

Most Common Personal Injury Cases in California

Car Accidents

Slip & Fall

Medical Malpractice

Product Liability

Workplace Injury

Wrongful Death

California Damages Caps & Average Settlements

Damages Rule No cap on compensatory damages; $350K non-economic in med mal

Average Settlement $80,000–$400,000

Fault System Pure comparative fault

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within California.

Frequently Asked Questions — California Injury Law

How long do I have to file a claim in California?

In California, you generally have 2 years to file a personal injury lawsuit from the date of injury. Key statute: Cal. Code Civ. Proc. § 335.1.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a California attorney to confirm your deadline.

What is California's fault system?

California uses Pure comparative fault. Your compensation is reduced by your percentage of fault. You can recover even if mostly at fault, though damages are reduced proportionally.

Are there damage caps in California?

California damage rules: No cap on compensatory damages; $350K non-economic in med mal. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in California?

Personal injury settlements in California average approximately $80,000–$400,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

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Injured in California? Get Help Now.

Personal injury laws in California can be complex and deadlines are strict. A qualified California personal injury attorney can evaluate your case for free — with no upfront costs.

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⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed California attorney for legal advice.