California law
Personal Injury Laws in California.
California follows a pure comparative fault system, meaning you can recover damages even if you are 99% at fault — your recovery is simply reduced by your percentage of fault. The general statute of limitations for personal injury is 2 years. California is a fault-based auto insurance state, so you sue the at-fault driver directly.
Last verified: 2026-02-25
State law
Statute of Limitations
Personal injury claims must be filed within 2 years of the date of injury.
Exceptions
When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the injury was or should have been discovered.
The statute of limitations does not begin running until a minor reaches age 18.
Claims against a government entity must first be presented to the entity within 6 months of the injury. If denied, you have 6 months to file suit.
Wrongful death actions must be commenced within 2 years after the date of death.
State law
Fault & Liability Rules
California follows pure comparative negligence. You can recover damages regardless of your percentage of fault — your award is simply reduced by your share of responsibility. Even if you are 99% at fault, you can recover 1% of your damages.
State law
Damage Caps
California does not impose a statutory cap on compensatory damages in personal injury cases.
Punitive damages require clear and convincing evidence of oppression, fraud, or malice. While there is no fixed cap, courts apply constitutional proportionality limits.
State law
Auto Insurance System
California is a fault-based auto insurance state. The at-fault driver is responsible for damages. As of January 1, 2025, minimum liability coverage is 30/60/15 ($30,000 per person, $60,000 per accident for bodily injury, $15,000 for property damage). You may sue the at-fault driver directly.
State law
Filing Requirements
Filing fee for unlimited civil cases (over $25,000 in dispute) in California Superior Court.
Cases are generally filed in the county where the injury occurred or where any defendant resides.
State law
Key California Statutes
Each defendant is jointly and severally liable for economic damages (medical bills, lost wages) but only severally liable for non-economic damages (pain and suffering) in proportion to their fault.
A wrongful death action may be brought by the decedent's surviving spouse, domestic partner, children, or other dependents within 2 years of the date of death.
Dog owners are strictly liable for bite injuries regardless of the dog's prior behavior or the owner's knowledge of viciousness.
California generally does not hold bars or social hosts liable for injuries caused by intoxicated patrons. An exception exists for furnishing alcohol to an obviously intoxicated minor (Cal. Civ. Code § 1714(d)).
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in California.
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