This page provides general legal information about injured in an accident law in California. Laws change. This information may not reflect recent amendments. Always verify current statutes with a licensed California attorney before making any legal decisions.
Statute of Limitations in California
California Code of Civil Procedure § 335.1 gives injured persons two years from the date of injury to file a personal injury lawsuit. This two-year window is among the most frequently litigated procedural issues in California civil litigation — the specific date it begins to run, and the circumstances that toll or extend it, vary significantly by case type.
The two-year statute of limitations under Code of Civil Procedure § 335.1 is the baseline rule for all personal injury claims in California — vehicle accidents, premises liability, dog bites, product defects, and assault. The clock starts on the date the injury is sustained.
The discovery rule. When an injury is not immediately apparent, California’s discovery rule delays the start of the limitations period. The two-year clock does not begin until the plaintiff knew, or through the exercise of reasonable diligence should have known, of the injury and its factual cause.
Government entity claims. California’s Government Claims Act (Government Code § 910 et seq.) creates a separate and shorter deadline when a government entity is responsible for the injury. An administrative tort claim must be presented to the government entity within six months of the date of the incident. This requirement is jurisdictional: filing a lawsuit without first presenting a timely government claim is fatal to the case.
Minor tolling. When the injured person was a minor (under 18) at the time of the injury, Code of Civil Procedure § 352 tolls the limitations period until the minor reaches age 18. The injured minor then has two years from their 18th birthday to file — but the tolling period cannot extend the deadline more than six years from the date of the injury in most circumstances.
Medical malpractice. California’s Medical Injury Compensation Reform Act (MICRA) imposes its own limitations framework under Code of Civil Procedure § 340.5: the earlier of three years from the date of injury or one year from the date the plaintiff discovered the injury.
"Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another."
Comparative Fault in California
California is a pure comparative fault state. This means that an injured person may recover damages from a negligent defendant regardless of the injured person’s own degree of fault — even if the injured person was 99% responsible for their own injury. Recovery is reduced proportionally by the plaintiff’s assigned fault percentage, but it is never eliminated except when the plaintiff bears 100% of the fault.
Pure comparative fault was established in California by Li v. Yellow Cab Co., 13 Cal.3d 804 (1975), which replaced the prior contributory negligence rule. California’s pure comparative standard is among the most plaintiff-favorable fault systems in the United States.
Proposition 51 (Civil Code § 1431.2) modifies the comparative fault framework for non-economic damages in multi-defendant cases. Each defendant is liable for non-economic damages only in proportion to their own fault percentage — there is no joint and several liability for non-economic damages. Economic damages (medical bills, lost wages) remain subject to joint and several liability.
"In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint. Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant's percentage of fault."
California Insurance Requirements
California requires all motor vehicle owners and operators to maintain minimum liability insurance under Vehicle Code § 16056. As of January 1, 2025, California’s updated mandatory minimums under Senate Bill 1107 are:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury (multiple persons)
- $15,000 per accident for property damage
These minimums represent the first update to California’s liability requirements in over 50 years. Despite the increase, these amounts remain far below the actual cost of serious injury in most vehicle accidents.
Uninsured and underinsured motorist coverage. California Insurance Code § 11580.2 requires insurers to offer UM/UIM coverage to all policyholders. This coverage extends to hit-and-run accidents and to pedestrians and cyclists struck by uninsured drivers.
California is a tort (at-fault) state. The at-fault driver’s liability insurance is the primary recovery source. Approximately 16–17% of California drivers are uninsured, making UM/UIM coverage particularly important for California motorists.
Damages and Caps in California
California does not impose a general cap on damages in personal injury cases. Both economic damages (medical expenses, lost wages, lost earning capacity, future care costs) and non-economic damages (pain and suffering, emotional distress, disfigurement, loss of enjoyment of life) are fully recoverable in vehicle accident, premises liability, and product liability cases.
MICRA — medical malpractice non-economic damages cap. The Medical Injury Compensation Reform Act (MICRA), codified at Civil Code § 3333.2, caps non-economic damages in claims against licensed healthcare providers for professional negligence. Under Assembly Bill 35 (effective January 1, 2023):
- 2026: $470,000 for personal injury malpractice — $650,000 for wrongful death malpractice
- Increases annually through 2034, then a 2% annual inflation adjustment
Punitive damages. California Civil Code § 3294 allows punitive damages when a defendant’s conduct demonstrates malice, oppression, or fraud proved by clear and convincing evidence. California does not cap punitive damages by statute.
California Court System
Personal injury lawsuits in California are filed in the California Superior Court, which is the state’s court of general jurisdiction. California has 58 counties, each with its own Superior Court, and cases are filed in the county where the injury occurred, where the defendant resides, or where the defendant’s business is located under Code of Civil Procedure § 395.
Small claims vs. unlimited civil. Cases with damages of $12,500 or less may be filed in Small Claims Court. Cases with damages above $35,000 are classified as "unlimited civil" cases and proceed through full Superior Court litigation.
Case management and timelines. Under trial court delay reduction rules, unlimited civil personal injury cases are expected to reach trial within 12 to 24 months of filing in most California counties. Mandatory Settlement Conferences resolve a large percentage of California personal injury cases before trial.
Expert witness requirements. California Code of Civil Procedure § 2034 governs expert witness information exchange. Parties must exchange expert lists 50 days before trial. Expert witnesses are essential in cases involving medical causation, accident reconstruction, life care planning, and vocational rehabilitation.
California City Guides
Specific information about injured in an accident accidents in major California cities — local courts, accident statistics, and regional legal considerations.
Los Angeles
Population: ~3.9 million (City). Los Angeles Superior Court is the largest trial court in the United States, with specialized personal injury departments handling the state’s highest volume of vehicle accident and premises liability litigation.
San Diego
Population: ~1.4 million (City). San Diego Superior Court handles cases through its Civil Division at the Hall of Justice. The county’s large military population creates distinct Federal Tort Claims Act scenarios alongside California state law claims.
San Jose
Population: ~1.0 million (City). Santa Clara County Superior Court serves Silicon Valley’s dense commuter infrastructure. High-speed highway corridors and the county’s high median income affect lost earning capacity calculations in serious injury cases.
San Francisco
Population: ~870,000. San Francisco Superior Court’s dense urban environment and extensive SFMTA public transit system create a high concentration of pedestrian accident and Muni-related government entity claims.
Fresno
Population: ~545,000. Fresno County Superior Court serves the Central Valley’s agricultural and highway corridor. US-99 is one of California’s most dangerous highways by fatality rate.
Sacramento
Population: ~530,000 (City). Sacramento County Superior Court handles claims against both private parties and California state government agencies, given the capital’s concentration of state employees and public facilities.
Frequently Asked Questions — California
California Code of Civil Procedure § 335.1 establishes a two-year statute of limitations from the date of injury for most personal injury claims. Important exceptions shorten or extend this period: medical malpractice claims operate under MICRA’s one-year-from-discovery or three-year-from-act framework; government entity claims require an administrative filing within six months; and the limitations period is tolled for minor victims until they turn 18.
Yes. California follows a pure comparative fault system established in Li v. Yellow Cab Co., 13 Cal.3d 804 (1975). An injured person may recover damages regardless of their own fault percentage — recovery is reduced proportionally but not eliminated. Proposition 51 (Civil Code § 1431.2) limits joint and several liability: defendants are severally liable for non-economic damages only in proportion to their own fault.
As of January 1, 2025, California Vehicle Code § 16056 requires minimum liability coverage of $30,000 per person / $60,000 per accident for bodily injury and $15,000 for property damage (30/60/15). Senate Bill 1107 raised these from the prior $15,000/$30,000/$5,000 minimums in place since 1967. Uninsured motorist coverage is not mandatory but must be offered with every policy.
California imposes no cap on damages in vehicle accident, premises liability, or product liability personal injury cases. The Medical Injury Compensation Reform Act (MICRA) does cap non-economic damages in medical malpractice cases — $470,000 for personal injury and $650,000 for wrongful death in 2026, increasing annually through 2034. MICRA does not apply to non-malpractice personal injury claims.
California’s Government Claims Act (Government Code § 910 et seq.) requires an injured person to present a written administrative claim to a government entity within six months of the injury before filing a lawsuit. This applies when any government entity — a city, county, state agency, school district, or public employee acting in their official capacity — is responsible for the injury. The six-month deadline is jurisdictional; filing a lawsuit without a timely government claim is fatal to the case.
The Medical Injury Compensation Reform Act (MICRA), codified at Civil Code § 3333.2, caps non-economic damages in claims against licensed healthcare providers at $470,000 for personal injury and $650,000 for wrongful death in 2026. It also shortens the SOL to one year from discovery or three years from the act, and requires 90 days’ pre-suit written notice to the defendant provider under Code of Civil Procedure § 364. Economic damages remain uncapped under MICRA.
Personal injury lawsuits are filed in the California Superior Court of the county where the injury occurred, where the defendant resides, or where the defendant’s business is located, under Code of Civil Procedure § 395. California has 58 county Superior Courts. Cases with damages above $35,000 proceed as unlimited civil matters with full litigation procedures.
California’s pure comparative fault allows recovery regardless of the plaintiff’s fault percentage. Modified comparative fault states — the majority — bar recovery once the plaintiff’s fault reaches 50% or 51%. California plaintiffs bearing the majority of fault for their injury retain a recovery right that would be entirely eliminated in 33 states. Defense attorneys in California cannot argue that high plaintiff fault eliminates the claim — only that it reduces it.
Check the General SOL for California
Use our statute of limitations reference tool to look up California's general filing window and key exceptions.
Find a California Attorney
This site provides legal information. For legal representation in California, use these verified directories to find a licensed California attorney.