Personal Injury Law in California
Key rules for personal injury claims in California — statute of limitations, fault system, damage caps, insurance requirements, and government claim deadlines.
Key Points — California
- 01Pure comparative fault — no percentage bar
- 022-year statute of limitations
- 036-month government claim deadline is aggressively enforced
- 04MICRA caps apply only to medical malpractice, not general injury
Rules at a Glance
- Statute of Limitations
- 2 years from the date of injury
- Fault System
- Pure comparative fault — California uses pure comparative fault. Even at 99% fault, the injured person can recover 1% of their damages.
- Damage Caps
- Medical negligence has separate limits on non-economic damages under Civil Code section 3333.2. The applicable amounts increase over time and distinguish wrongful death and categories of defendants. Do not treat the former $250,000 figure as the current universal limit.
- Government Notice Deadline
- Written claim to the government entity within 6 months of the incident.
- Auto Insurance System
- At-fault state.
- Minimum Liability Coverage
- 30/60/15 — $30,000 per person and $60,000 per accident for bodily injury, plus $15,000 property damage, according to the California DMV (checked September 7, 2026).
- Workers' Comp Deadline
- Report to employer within 30 days. File claim within 1 year.
Fault System in California
California uses pure comparative fault. Even at 99% fault, the injured person can recover 1% of their damages.
Auto Insurance in California
At-fault state.
Minimum required liability coverage: 30/60/15 — $30,000 per person and $60,000 per accident for bodily injury, plus $15,000 property damage, according to the California DMV (checked September 7, 2026)..
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.