Personal Injury Claims in California 2026: Complete Guide

If you've been injured due to someone else's negligence in California, you have the right to seek compensation for your damages. California personal injury law covers everything from car accidents to medical malpractice, and understanding your rights, the claims process, and important deadlines is essential to protecting your recovery.

What is Personal Injury Law?

Personal injury law allows you to seek compensation when another person or entity's negligence or intentional conduct causes you harm. The goal is to make you "whole" again through monetary damages.

Elements of a Personal Injury Claim

To succeed, you must prove:

1. Duty of Care: Defendant owed you a legal duty (e.g., to drive safely)
2. Breach: Defendant breached that duty (e.g., ran a red light)
3. Causation: The breach directly caused your injury
4. Damages: You suffered actual harm (physical, financial, emotional)

Types of Personal Injury Cases

Motor Vehicle Accidents

• Car accidents (most common personal injury claims)
• Motorcycle accidents
• Truck accidents (commercial vehicles)
• Pedestrian accidents
• Bicycle accidents
• Rideshare accidents (Uber, Lyft)

Premises Liability

• Slip and fall accidents
• Inadequate security (assault, robbery due to negligent security)
• Dangerous property conditions
• Swimming pool accidents
• Dog bites (strict liability in California)

Medical Malpractice

• Surgical errors
• Misdiagnosis or delayed diagnosis
• Medication errors
• Birth injuries
• Nursing home abuse/neglect

Product Liability

• Defective products
• Dangerous drugs
• Defective medical devices
• Automotive defects

Wrongful Death

• Death caused by another's negligence or intentional act
• Family members can seek damages

Other Personal Injury Cases

• Assault and battery
• Workplace accidents (beyond workers' comp)
• Toxic exposure
• Burn injuries

Types of Damages in California

Economic Damages (Special Damages)

Quantifiable financial losses with specific dollar amounts:

• Medical expenses: Past and future treatment costs
• Lost wages: Income lost during recovery
• Lost earning capacity: Future income if unable to work same job
• Property damage: Vehicle repairs, personal property
• Home modifications: If disability requires accessibility changes
• Out-of-pocket expenses: Transportation to medical appointments, etc.

Non-Economic Damages (General Damages)

Subjective, non-monetary losses:

• Pain and suffering: Physical pain from injury
• Emotional distress: Anxiety, depression, PTSD
• Loss of enjoyment of life: Unable to participate in activities
• Disfigurement or scarring
• Loss of consortium: Impact on relationship with spouse

Punitive Damages

Awarded to punish defendant for egregious conduct:

• Not available in every case
• Requires proof of fraud, malice, or oppression
• Common in drunk driving cases, intentional torts
• Cannot exceed substantial ratio to compensatory damages (typically 9:1 maximum)

Statute of Limitations

California sets strict deadlines to file lawsuits. Missing the deadline bars your claim forever.

*Medical malpractice: 1 year from discovery OR 3 years from injury date, whichever occurs first

**Government claims: Must file administrative claim within 6 months, then can file lawsuit if denied

Exceptions to Statute of Limitations

• Discovery Rule: Clock starts when injury discovered (for some cases)
• Minors: 2-year clock doesn't start until minor turns 18
• Defendant Leaves State: Statute may be tolled during absence
• Fraud/Concealment: If defendant hides their wrongdoing

California's Comparative Negligence Rule

California follows pure comparative negligence (Civil Code § 1714):

How It Works

• You can recover damages even if you were partially at fault
• Your recovery is reduced by your percentage of fault
• No "bar" to recovery at any fault percentage (unlike some states)

Examples

Example 1:

• Total damages: $100,000
• You are 30% at fault
• You recover: $70,000 (70% of damages)

Example 2:

• Total damages: $50,000
• You are 80% at fault
• You still recover: $10,000 (20% of damages)

The Personal Injury Claims Process

Step 1: Seek Medical Treatment

• Get immediate medical attention (establishes injury)
• Follow all treatment recommendations
• Keep all medical records and bills
• Gaps in treatment hurt your claim

Step 2: Document Everything

• Photos: Injuries, accident scene, property damage
• Police report: Obtain copy if applicable
• Witness information: Names, contact info
• Daily journal: Pain levels, how injury affects life
• Financial records: All expenses related to injury

Step 3: Report the Incident

• Notify your insurance (required by policy)
• Report to property owner (if premises liability)
• File police report (for accidents)
• File government claim (if suing government entity)

Step 4: Consult a Personal Injury Attorney

• Most work on contingency (no fee unless you win)
• Typical fee: 33-40% of settlement/verdict
• Free initial consultations
• Handle insurance negotiations and litigation

Step 5: Insurance Claim or Lawsuit

Insurance Claim Process:

1. Demand letter sent to insurance company
2. Insurance investigates claim
3. Negotiation on settlement amount
4. Settlement or proceed to litigation

Lawsuit Process:

1. File complaint in court
2. Defendant files answer
3. Discovery phase (exchange evidence, depositions)
4. Mediation/settlement conference
5. Trial (if no settlement)
6. Verdict and potential appeal

Timeline

• Simple cases: 3-6 months settlement
• Complex cases: 1-2 years
• Cases going to trial: 2-4+ years

Suing Government Entities

Special rules apply when suing city, county, state, or other government entities:

Government Claim Process

1. File Administrative Claim: Within 6 months on form (Gov. Code § 911.2)
2. Wait for Response: Government has 45 days to accept or reject
3. File Lawsuit: If rejected, you have 6 months to sue

Where to File

• City: City clerk's office
• County: County clerk or county counsel
• State: Government Claims Program

California's Strict Liability for Dog Bites

California Civil Code § 3342 imposes strict liability on dog owners:

• Owner is liable regardless of whether dog previously showed aggression
• No "one bite rule" in California
• Applies if victim was lawfully on property
• Owner liable even if they weren't negligent

Defenses to Dog Bite Claims

• Victim was trespassing
• Victim provoked the dog
• Comparative negligence (if victim partially at fault)

Dealing with Insurance Companies

What NOT to Do

• Don't give recorded statement without attorney present
• Don't admit fault or apologize at scene
• Don't sign medical authorization (gives access to all records)
• Don't accept first offer (usually lowball)
• Don't post on social media about accident or injuries

What TO Do

• Report the claim promptly to your own insurance
• Provide only basic facts (date, time, location)
• Keep communication records (emails, letters, notes from calls)
• Don't settle until treatment complete (know full extent of injuries)
• Consider hiring attorney before negotiating

Frequently Asked Questions

Do I need a lawyer for a personal injury claim?

Not always, but recommended for serious injuries, disputed liability, or significant damages. Studies show represented claimants receive 3.5x more than unrepresented claimants on average. For minor injuries with clear liability, you may handle it yourself.

How much is my personal injury case worth?

Value depends on medical expenses, lost wages, future treatment needs, pain and suffering, and degree of fault. Minor soft tissue injuries: $3,000-$30,000. Moderate injuries with short recovery: $30,000-$100,000. Severe/permanent injuries: $100,000-millions. An attorney can provide more specific valuation.

What if I can't afford medical treatment after an accident?

Many personal injury attorneys can connect you with doctors who treat on a "lien" basis (payment deferred until settlement). Your own health insurance, medical payments coverage (on auto policy), or Medi-Cal may cover treatment. ER visits are required by law regardless of ability to pay.

Can I sue if the accident was partially my fault?

Yes. California's pure comparative negligence rule allows recovery even if you're 99% at fault (though you'd only receive 1% of damages). Any amount of fault by the defendant entitles you to compensation, reduced by your percentage of fault.

What if the person who injured me has no insurance?

Check your own auto policy for uninsured/underinsured motorist (UM/UIM) coverage. You can sue the at-fault party personally, but if they lack assets, collecting a judgment is difficult. Sometimes there are other liable parties (employer, property owner, etc.).