California has one of the highest numbers of traffic injuries in the country, and one of the most injury-victim-friendly fault rules.
Filing deadline: 2 years
Most personal injury lawsuits must be filed within two years (Cal. Code Civ. Proc. § 335.1). Claims against a public entity generally require a government claim within six months of the injury.
Fault rule: pure comparative negligence
California uses pure comparative negligence. You can recover even if you were mostly at fault; your damages are simply reduced by your share. If you were 70% at fault, you can still recover 30%.
Insurance
California is an at-fault state. Under Proposition 213, uninsured drivers generally cannot recover non-economic damages (like pain and suffering) from an at-fault driver.
Damage caps
Medical malpractice non-economic damages are capped under MICRA, with the cap rising on a set schedule after 2023 reforms.
Quick comparison
See how California compares to other states in our guide to personal injury deadlines by state.
This guide is general information, not legal advice. Laws change and every case is different. Talk with a licensed attorney in your state.