California is home to more licensed drivers and more personal injury litigation than any other state. Its laws tend to favor injured plaintiffs in several important ways including a pure comparative negligence system that allows recovery even when the plaintiff bears most of the fault, no general cap on pain and suffering damages, and strict liability for dog bite injuries. However, California also has unique restrictions that can dramatically affect a claim, including the MICRA cap on medical malpractice damages and Proposition 213's penalty for uninsured drivers. Understanding how these rules interact is essential for anyone pursuing a personal injury case in the Golden State.
California's general statute of limitations for personal injury claims is two years from the date of the injury under California Code of Civil Procedure § 335.1. This two-year deadline applies to most accident-related claims including car crashes, slip-and-fall injuries, assaults, and wrongful death actions.
The state recognizes a discovery rule that can delay the start of the clock. When an injury is not immediately apparent for example, exposure to a toxic substance that causes illness years later the statute may begin running from the date the injury was discovered or reasonably should have been discovered.
California imposes different filing deadlines for specific types of cases:
Medical malpractice claims must be filed within three years from the date of injury or one year from the date the injury was discovered (or should have been discovered), whichever comes first, under CCP § 340.5. A 90-day written pre-suit notice to the healthcare provider is required under CCP § 364, which can extend the filing deadline by 90 days if served near the end of the limitations period.
Government claims carry an accelerated timeline. Under the California Tort Claims Act, an injured person must file an administrative claim with the government agency within six months of the incident. If the claim is denied, the claimant then has six months from the date of denial to file a lawsuit. Missing the administrative claim deadline almost always bars the case entirely.
Property damage claims carry a three-year statute of limitations.
Minors benefit from tolling. The statute of limitations is generally paused until the child turns 18, at which point they have the standard two years (until age 20) to file. For medical malpractice involving minors, the deadline is extended until the child turns eight years old, or the standard medical malpractice deadline, whichever provides more time.
The statute can also be tolled when the defendant leaves the state before a lawsuit is filed, or when the plaintiff is mentally incapacitated.
California follows a pure comparative negligence rule one of the most plaintiff-friendly fault systems in the country. Under this doctrine, an injured plaintiff can recover damages even if they are found to be 99% at fault for their own injuries. The damages are simply reduced by the plaintiff's percentage of fault.
For example, if a jury determines total damages of $500,000 and finds the plaintiff 40% at fault, the plaintiff would receive $300,000 (60% of the total). Unlike "modified" comparative negligence states that bar recovery at 50% or 51% fault, California imposes no threshold any plaintiff with any degree of non-fault can recover proportionally.
This rule applies at trial and guides how courts instruct juries. It does not technically limit what can be negotiated in a settlement, but insurance adjusters routinely raise comparative fault arguments to reduce settlement offers.
California does not impose a general cap on damages in most personal injury cases. There is no limit on economic damages (medical expenses, lost wages, future care costs) or non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life) in cases involving auto accidents, premises liability, product liability, or other standard negligence claims.
The major exception is medical malpractice. California's Medical Injury Compensation Reform Act (MICRA), originally passed in 1975, imposes a cap on non-economic damages in medical malpractice cases. For nearly 50 years, MICRA capped non-economic damages at a flat $250,000 regardless of the severity of injury.
In May 2022, Governor Newsom signed Assembly Bill 35, which modernized MICRA effective January 1, 2023. AB 35 introduced a phased increase to the non-economic damage cap:
For personal injury medical malpractice cases, the cap started at $350,000 in 2023 and increases by $40,000 per year until it reaches $750,000 in 2033–2034, after which it adjusts annually by 2% for inflation.
For wrongful death medical malpractice cases, the cap started at $500,000 in 2023 and increases by $50,000 per year until reaching $1,000,000 in 2033–2034, then adjusts by 2% annually.
AB 35 also introduced a stacking rule that allows plaintiffs to recover separate non-economic damage caps against up to three categories of defendants: individual healthcare providers, healthcare institutions, and unaffiliated providers or institutions. This means the effective non-economic recovery could potentially reach three times the applicable cap in multi-defendant cases.
Economic damages remain completely uncapped in medical malpractice cases. Medical bills, rehabilitation costs, lost earnings, and future care expenses have no statutory ceiling.
California's Proposition 213 (Civil Code § 3333.4), passed by voters in 1996, bars uninsured drivers from recovering non-economic damages (pain and suffering) in auto accident cases even if the other driver was 100% at fault. Uninsured drivers can only recover economic (out-of-pocket) damages such as medical bills and lost wages. This law creates a powerful financial incentive to maintain insurance coverage and can significantly reduce the value of a claim for an uninsured plaintiff.
California is an at-fault (tort) state. The driver who causes an accident is responsible for the resulting damages, and injured parties can file claims directly against the at-fault driver's insurance or pursue a lawsuit.
California's minimum auto insurance requirements received their first update in over 50 years when Senate Bill 1107 (the Protect California Drivers Act) took effect on January 1, 2025. The new minimums are 30/60/15:
- $30,000 per person for bodily injury or death (up from $15,000)
- $60,000 per accident for bodily injury or death (up from $30,000)
- $15,000 per accident for property damage (up from $5,000)
Existing policies automatically adjust to the new minimums upon renewal on or after January 1, 2025. The next scheduled increase comes in 2035, when minimums will rise to 50/100/25.
Uninsured/underinsured motorist (UM/UIM) coverage is not mandatory in California, but insurers are required to offer it when you purchase a policy. Given that approximately 16–17% of California drivers are uninsured one of the highest rates in the nation UM/UIM coverage is strongly recommended.
Personal injury protection (PIP) is optional in California but can provide valuable no-fault coverage for medical expenses and lost wages regardless of who caused the accident.
Driving without insurance can result in fines, license suspension, vehicle impoundment, and critically the loss of non-economic damage rights under Proposition 213.
Personal injury lawsuits in California are filed in Superior Court, which is the state's general trial court. Each county has its own Superior Court. Cases are typically filed in the county where the injury occurred, where the defendant resides, or where the defendant does business.
Claims involving $10,000 or less may be filed in Small Claims Court, while cases under $25,000 can be pursued through Limited Civil jurisdiction within Superior Court, which uses streamlined procedures.
California imposes strict liability on dog owners for bite injuries under Civil Code § 3342. This means the owner is liable regardless of whether they knew the dog was dangerous or took precautions to prevent the bite. The plaintiff does not need to prove negligence only that they were bitten, that the defendant owned the dog, and that the plaintiff was in a public place or lawfully on private property. For non-bite dog injuries (being knocked down, scratched, etc.), standard negligence rules apply.
California's size, population density, and diverse geography generate an enormous volume of personal injury litigation. Common case types include motor vehicle accidents (particularly on congested freeways and highways like I-5, I-405, and I-10), motorcycle and bicycle collisions, rideshare accidents (Uber/Lyft, both headquartered in California), pedestrian accidents, trucking collisions, premises liability, construction accidents, product liability, medical malpractice, nursing home abuse, dog bites, and wrongful death.
California also sees significant litigation in areas like wildfire liability, toxic exposure (environmental contamination), mass transit injuries, and amusement park accidents reflecting the unique characteristics of the state.
Have questions about injury claims? Visit our Personal Injury FAQ for answers to the most common questions injury victims ask.
This is not legal advice. This page provides general information about California personal injury law and is not a substitute for professional legal counsel. If you have been injured, consult with a qualified personal injury attorney licensed in California to discuss the specific facts of your case.
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