California Personal Injury Lawyer
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What to Do After a Personal Injury in California
If you have been injured in California due to someone else’s negligence, you generally have two years from the date of injury to file a civil lawsuit under Code of Civil Procedure § 335.1. Missing that deadline almost always bars your claim entirely. The most important immediate steps are to get medical treatment, document everything about the incident, and speak with a qualified personal injury attorney before giving any recorded statements to insurance adjusters.
California follows a comparative fault rule under Civil Code § 1431.2, which means your compensation can be reduced in proportion to your own share of fault, but you can still recover even if you were partly responsible.
How California Personal Injury Law Works
A personal injury claim in California is a civil action seeking monetary compensation, called damages, from a person or entity whose negligence caused your harm. To establish negligence, a claimant must prove four elements: duty, breach of that duty, causation, and damages. These elements apply whether the case involves a car accident, a slip and fall on a commercial property, a defective product, or a dog bite.
California is a pure comparative fault state. Under Civil Code § 1431.2, each defendant is liable only for their proportionate share of non-economic damages (pain and suffering), while economic damages such as medical bills and lost wages can be collected jointly from all defendants. In practice, if a jury finds you 20 percent at fault, your total recovery is reduced by 20 percent.
For a broader overview of how these rules interact across different claim types, the firm’s California Personal Injury Law Overview walks through the foundational framework in more detail.
Key Deadlines: When You Must Act
Claim Type | Standard Deadline | What Starts the Clock | Notable Exception
|
|---|---|---|---|
General personal injury (CCP § 335.1) | 2 years | Date of injury | Discovery rule may toll for latent injuries |
Claim against a California government entity | 6 months to file a government tort claim; then 6 months after rejection to sue | Date of injury | Must file administrative claim with the agency first under Government Code § 911.2 |
Medical malpractice | 3 years from injury or 1 year from discovery, whichever is earlier | Date of negligent act or discovery | Different rules apply to minors under CCP § 340.5 |
Product liability | 2 years (CCP § 335.1) | Date of injury | Separate asbestos rules may apply |
Wrongful death | 2 years | Date of death | Heirs must bring the action under CCP § 377.60 |
What Damages Can You Recover?
California law divides recoverable damages into two main categories.
- Economic damages: Quantifiable financial losses including past and future medical expenses, lost wages, reduced earning capacity, and property damage. These are not capped in most personal injury cases.
- Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In medical malpractice cases, non-economic damages were historically capped at $250,000 under the Medical Injury Compensation Reform Act (MICRA); however, Civil Code § 3333.2 was amended effective January 1, 2023, raising the cap incrementally to $350,000 for non-death cases and $500,000 for wrongful death cases, with further annual increases through 2033.
- Punitive damages: Available under Civil Code § 3294 when a defendant acted with malice, oppression, or fraud. These are not available in every case and require clear and convincing evidence.
Types of Personal Injury Cases in California
California personal injury law covers a wide range of incidents. Common case types include motor vehicle accidents, premises liability (slip and fall, inadequate security), dog bites under Civil Code § 3342 (strict liability applies regardless of prior bite history), defective product claims, and workplace injuries where a third party other than the employer caused harm.
For a detailed breakdown of how liability standards and deadlines differ across these categories, see the firm’s guide to Types of Personal Injury Cases: California Laws and Deadlines.
A Realistic Example: How a Slip-and-Fall Claim Unfolds
Consider this illustrative scenario: A customer slips on a wet floor inside a grocery store in Los Angeles. There is no wet-floor sign, and surveillance footage shows the spill had been present for 25 minutes before the fall. The customer suffers a fractured wrist and misses six weeks of work. Under California premises liability law, the store owes a duty of reasonable care to its invitees.
The 25-minute window is relevant to whether the store had actual or constructive notice of the hazard, a question addressed in cases such as Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200, where the California Supreme Court held that a plaintiff need not prove the exact length of time a condition existed, only that it was present long enough that reasonable inspection would have discovered it.
A frequent defense in these cases is that the injured person was not watching where they were walking and bears comparative fault. Under Civil Code § 1431.2, even if the jury assigns 30 percent fault to the customer, they still recover 70 percent of their proven damages. The store cannot escape liability entirely unless the plaintiff is found 100 percent responsible.
What to Do at the Scene (Documentation Checklist)
- Call 911 or ask for an incident report immediately; get a copy before leaving.
- Photograph the hazard, your injuries, the surrounding area, and any missing warning signs.
- Get names and contact information for all witnesses before they leave.
- Do not sign anything presented by store management or an insurance representative at the scene.
- Seek medical evaluation the same day, even if symptoms seem minor. Gaps in treatment are routinely used to minimize claims.
- Preserve all clothing and footwear worn at the time of the incident.
- Write a detailed account of the event, including time, weather conditions, and exactly where on the property the incident occurred, within 24 hours while memory is fresh.
- Do not post about the incident on social media. Defense investigators routinely monitor claimant accounts.
How to Choose the Right Personal Injury Attorney
California personal injury attorneys typically work on a contingency fee basis, meaning they collect a percentage of any recovery rather than charging hourly. The State Bar of California regulates fee agreements under Business and Professions Code § 6147, which requires the agreement to be in writing and to specify the contingency rate and how costs are handled. You should receive a copy of the signed agreement.
When evaluating an attorney, consider whether they have specific experience with your type of claim, whether they handle cases through trial or primarily settle early, and whether the attorney you meet will personally handle your case or hand it to a less experienced associate. If you are looking for representation in the Vernon area specifically, the firm has a resource on finding the Best Personal Injury Lawyer in Vernon that addresses local considerations.
What This Means for Your Injury Claim
If you were recently injured, the two-year limitations clock under CCP § 335.1 is already running, and it runs faster than most people expect when accounting for time to gather medical records, locate witnesses, and investigate the scene before evidence is lost. If your injury involves a government entity such as a public transit agency or a city-maintained sidewalk, the deadline to file a government tort claim is only six months, and missing it can permanently eliminate your right to sue.
Do not wait until you feel “ready” to consult an attorney. Insurance adjusters for the other side are trained to contact injured people quickly, often within days, to obtain recorded statements and early settlements before the full extent of injuries is known. Politely declining to give a statement and directing them to your attorney is almost always the right move. For a full overview of your rights and how to move forward, the firm’s Injured in California? Personal Injury Rights and Claim Guide is a practical starting point.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in California?
In most cases, two years from the date of injury under Code of Civil Procedure § 335.1. If the defendant is a government agency, you must file an administrative tort claim within six months of the incident under Government Code § 911.2 before you can file suit.
What if I was partly at fault for my own injury?
California uses pure comparative fault. Your damages are reduced by your percentage of fault, but you are not barred from recovering. A plaintiff found 40 percent at fault still recovers 60 percent of proven damages.
Do I have to go to court?
Most personal injury cases in California resolve through settlement before trial. However, preparing as if the case will go to trial generally produces better settlement outcomes because the other side understands you are willing to litigate.
What does a personal injury attorney cost?
Most California personal injury attorneys charge a contingency fee, typically a percentage of the recovery. Under Business and Professions Code § 6147, the agreement must be in writing. You pay no attorney fees if there is no recovery, though case costs such as filing fees and expert witness fees may be handled differently depending on your agreement.
What if the insurance company offers me a quick settlement?
Early settlement offers are often made before the full scope of medical treatment and long-term effects is known. Accepting a settlement and signing a release generally waives your right to seek additional compensation later, even if your condition worsens. Consult an attorney before signing anything.
Where can I learn more about Setareh Law Group’s personal injury services?
The firm’s main personal injury practice page provides information on case types handled, the intake process, and how to schedule a consultation: Best Personal Injury Attorney in California.
Contact Setareh Law Group: If you or a family member has been injured due to someone else’s negligence in California, our team is available to review your situation. Contact Setareh Law Group to schedule a consultation. We do not guarantee any particular outcome or recovery amount, and every case is evaluated on its own facts.
Contact us today:
📞 Phone: 310-888-7771
✉️ Email: help@setarehlaw.com
🌐 Address: 420 N Camden Dr, Beverly Hills CA, 90210
This information is provided for educational purposes and does not constitute legal advice. Each case is unique, and outcomes depend on specific facts and circumstances. Consult with a qualified California employment attorney to discuss your individual situation.
Sources and Additional Resources
Authoritative sources cited
- Code of Civil Procedure § 335.1
- comparative fault rule under Civil Code § 1431.2
- Government Code § 911.2
- CCP § 340.5
- CCP § 377.60
- Civil Code § 3333.2
- Civil Code § 3294
- Civil Code § 3342
- Business and Professions Code § 6147
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