Personal Injury in California
Personal injury law covers harm caused by someone else's negligence — car and truck crashes, falls, dog bites, and medical errors. California is an at-fault state with a two-year deadline for most injury claims and a pure-comparative-negligence rule that reduces (but never erases) recovery by your share of fault. This hub explains the core rules, then links guides for each type of case.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Deadlines are strict and facts matter — talk to a California attorney promptly.
If you’ve been injured by someone else’s negligence in California, you generally have two years from the date of injury to file a personal-injury lawsuit (Cal. Code Civ. Proc. § 335.1), California is an at-fault auto state, and pure comparative negligence (Li v. Yellow Cab Co., 13 Cal.3d 804) reduces but never bars your recovery by your share of fault.
Most California injury claims come down to negligence: showing someone owed you a duty of care, breached it, and caused your injury. A few statewide rules shape almost every case.
How long do I have to file in California?
The statute of limitations for personal injury in California is generally two years from the date of injury (Cal. Code Civ. Proc. § 335.1). Miss the deadline and your claim is usually barred — so act early. Different claim types follow different rules:
| Claim type | Deadline | Statute |
|---|---|---|
| Personal injury | 2 years from injury | Cal. Code Civ. Proc. § 335.1 |
| Property damage | 3 years | Cal. Code Civ. Proc. § 338(c) |
| Wrongful death | 2 years from death | Cal. Code Civ. Proc. § 335.1 |
| Medical malpractice | 3 years from injury / 1 year from discovery (earlier) | Cal. Code Civ. Proc. § 340.5 |
| Claim against a government entity | 6 months to present the claim | Cal. Gov. Code § 911.2 |
Is California a no-fault state for car accidents?
No — California is an at-fault (tort) state for auto accidents. You pursue the at-fault party and their insurer for your damages — medical bills, lost wages, vehicle damage, and pain and suffering — rather than turning first to your own no-fault coverage.
What if I was partly at fault?
California follows pure comparative negligence (Li v. Yellow Cab Co., 13 Cal.3d 804 (1975)). Your recovery is reduced by your percentage of fault, but it is never fully barred — even a plaintiff who is 99% at fault can still recover 1%. That makes how fault is apportioned a central issue in many cases, but it does not lock you out the way some states’ rules do.
The guides
Pick your situation below:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Premises liability
- Medical malpractice
- Dog bites
- Wrongful death
To get matched with a local California personal-injury attorney, connect with a lawyer.
Guides
- California Car Accident Claims
California is an at-fault auto state: you pursue the driver who caused the crash and their insurer. A two-year deadline applies (CCP § 335.1), and pure comparative negligence reduces but never bars recovery. Minimum liability limits rose to 30/60/15 for policies issued or renewed on or after Jan 1, 2025 — confirm the current minimums.
- California Dog Bite Claims
California imposes strict liability on dog owners (Civil Code § 3342): an owner is liable for a bite in a public place or while the victim is lawfully on private property, regardless of the dog's prior viciousness or the owner's knowledge. This differs from 'one-bite' states. A two-year deadline applies (CCP § 335.1).
- California Medical Malpractice Claims
California medical malpractice has its own deadline: 3 years from injury or 1 year from discovery, whichever comes first (CCP § 340.5). You must give 90 days' notice before filing (CCP § 364). The MICRA noneconomic-damages cap (Civil Code § 3333.2), as amended by AB 35, now increases every January 1 — confirm the current amount.
- California Motorcycle Accident Claims
California is an at-fault state, and motorcycle claims follow the same rules: a two-year deadline (CCP § 335.1) and pure comparative negligence that reduces but never bars recovery. California has a universal helmet law (Vehicle Code § 27803) requiring all riders and passengers to wear a compliant helmet, which can affect a head-injury fault argument.
- California Premises Liability Claims
In California, property owners and occupiers owe a general duty of ordinary care (Civil Code § 1714(a)). California abolished the rigid invitee/licensee/trespasser categories in Rowland v. Christian (1968) in favor of one reasonable-care standard. A two-year deadline (CCP § 335.1) and pure comparative negligence apply.
- California Truck Accident Claims
California's negligence framework applies to truck crashes: a two-year deadline (CCP § 335.1) and pure comparative negligence that reduces but never bars recovery. Federal FMCSA regulations on hours of service, driver qualification, and maintenance layer on top for commercial carriers, and a violation can be evidence of negligence. These cases often involve multiple defendants.
- California Wrongful Death Claims
California wrongful death lets certain family members sue for their losses (CCP § 377.60), while a separate survival action (CCP § 377.30) lets the estate pursue the decedent's own claims. Under CCP § 377.34, survival damages historically excluded pre-death pain and suffering; SB 447 allowed it temporarily for cases filed before Jan 1, 2026 — confirm the current statute.
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