Personal injury claims in California cover harm caused by others' negligence or intentional acts. Plaintiffs must prove duty, breach, causation, and damages; California applies pure comparative negligence. Most claims must be filed within two years. Damages include economic, non-economic, and sometimes punitive awards. Insurers handle many claims, and contingency-fee lawyers commonly represent injured people. Get legal help early for serious or disputed cases.

What a personal injury claim covers

Personal injury law compensates people who suffer physical or emotional harm because of someone else's negligence or intentional misconduct. In California that includes car and truck crashes, pedestrian and bicycle collisions, slip-and-fall and other premises liability cases, dog bites, defective products, and many workplace or medical incidents.

Negligence, proof, and damages

To win a typical personal injury case you must show the other party owed a duty of care, breached that duty, and caused your injuries. California follows a pure comparative negligence rule, so a plaintiff's recovery can be reduced in proportion to their share of fault.

Damages generally fall into three categories: economic (medical bills, lost wages), non-economic (pain and suffering, loss of enjoyment), and, in rare cases, punitive damages when conduct was especially reckless or malicious.

Time limits and special rules

Most personal injury claims in California must be filed within two years of the injury (Cal. Code Civ. Proc. §335.1). Some claims have different or shorter deadlines: for example, claims against public agencies or certain medical malpractice claims follow special timelines and discovery rules - consult an attorney promptly to preserve your rights.

Insurance, settlements, and attorneys

Many claims are resolved with the at-fault party's insurer. Insurers investigate and often offer settlements; a lawyer can evaluate offers and negotiate for fair compensation. Many California personal injury attorneys work on contingency fees, meaning they get paid only if you recover money. Contingency rates and fee structures vary, so confirm terms in writing.

When to get legal help

If injuries are serious, fault is disputed, or the potential recovery is substantial, seek an experienced personal injury lawyer quickly. Early legal help can preserve evidence, manage communications with insurers, and ensure deadlines are met.

Types of common cases

  • Vehicle collisions (cars, motorcycles, trucks)
  • Premises liability (slip-and-fall, inadequate security)
  • Medical injury and malpractice (note: different rules apply)
  • Product defects and recalls
  • Animal bites and assaults

Practical steps after an injury

  1. Seek and document medical care.
  1. Report the incident (police, property owner, employer).
  1. Preserve evidence (photos, witnesses, receipts).
  1. Contact your insurer and consider consulting a lawyer before giving detailed statements.
Note: California has historically had high numbers of DUI arrests and strong DUI enforcement efforts, but arrest and conviction rates change over time and can vary by county and year.
  1. Verify current DUI arrest rankings for California compared with other states and update or remove the statement about leading the nation.

FAQs about Personal Injury California

What is the deadline to file a personal injury claim in California?
Most personal injury lawsuits must be filed within two years of the injury (Cal. Code Civ. Proc. §335.1). Certain claims, such as those against government entities or some medical malpractice cases, follow different deadlines.
What types of damages can I recover?
You can recover economic damages (medical costs, lost wages), non-economic damages (pain and suffering, loss of enjoyment), and, in limited situations, punitive damages for especially reckless or malicious conduct.
What if I was partly at fault for the accident?
California uses pure comparative negligence, so your recovery is reduced by your percentage of fault but you can still recover even if you are more than 50% at fault.
Do I need an attorney for a personal injury claim?
You don't always need an attorney, but hire one if injuries are serious, fault is disputed, the insurer's offer seems low, or the case involves complex legal rules. Many attorneys work on contingency fees and only get paid if you recover.
What should I do immediately after an injury?
Seek medical care, report the incident to authorities or property owners, preserve evidence (photos, witness contacts), notify your insurer, and consider consulting a lawyer before giving detailed statements to the other party's insurer.

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