This page provides general legal information about personal injury law in San Diego, California. It does not provide legal advice. Consult a licensed California attorney before making any legal decisions.
Courts & Filing in San Diego
Personal injury civil lawsuits from San Diego are filed in San Diego County Superior Court at Hall of Justice. Government entity claims require a six-month administrative claim before any lawsuit. Complex cases may be designated under California Rules of Court Rule 3.400.
Primary civil courthouse for personal injury lawsuits from San Diego and San Diego County. Government entity claims against the City of San Diego, San Diego County, or Caltrans require a written administrative claim within six months under Government Code Section 945.4 before any lawsuit can be filed in any California court.
California Personal Injury Law in San Diego
All personal injury claims from San Diego are governed by California law: pure comparative fault (Li v. Yellow Cab Co.); the two-year statute of limitations (CCP Section 335.1); the six-month Government Claims Act deadline for government entity claims (Government Code Section 945.4); MICRA caps for medical malpractice; and uncapped economic and non-economic damages for all non-malpractice personal injury categories.
Personal Injury Context in San Diego
San Diego has san diego county superior court serves southern california's second-largest population; military presence creates unique workers' compensation and ftca injury considerations; i-5 and i-8 are primary accident corridors. These local factors create the specific personal injury risk profile of San Diego and its surrounding community, generating the personal injury claims that are litigated in San Diego County Superior Court.
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Frequently Asked Questions — San Diego
Where do I file a personal injury lawsuit in San Diego?
Personal injury civil lawsuits from San Diego are generally filed in San Diego County Superior Court at Hall of Justice, 330 W Broadway, San Diego, CA 92101. Unlimited civil cases (over $35,000) are filed in the civil department. Claims against the City of San Diego, San Diego County, or other government entities require a written administrative claim within six months under Government Code Section 945.4 before any lawsuit.
How long do I have to file a personal injury claim in San Diego?
Two years from the date of injury under CCP Section 335.1 for most personal injury claims. Medical malpractice: one year from discovery or three years from the act. Government entity claims: six months under Government Code Section 945.4. Minor victims: tolled until age 18 under CCP Section 352.
What makes San Diego a significant area for personal injury claims?
San Diego has san diego county superior court serves southern california's second-largest population; military presence creates unique workers' compensation and ftca injury considerations; i-5 and i-8 are primary accident corridors. This combination of population density, traffic volume, commercial activity, and employment creates substantial personal injury exposure across all categories of injury.
Does California's pure comparative fault apply in San Diego?
Yes. California's pure comparative fault from Li v. Yellow Cab Co. (1975) applies throughout California, including San Diego. Recovery is reduced proportionally by the victim's fault percentage but never eliminated. This applies to all personal injury cases in San Diego County Superior Court.
What if a City of San Diego vehicle or property caused my injury?
Government entity claims against the City of San Diego or San Diego County require a written administrative claim within six months of the injury under Government Code Section 945.4. Missing this deadline permanently bars the government entity claim. For state highway defects, a claim against Caltrans must also be filed within six months.
Can I recover for pain and suffering in a San Diego personal injury case?
Yes. California imposes no cap on non-economic damages (pain and suffering, emotional distress, disfigurement) in non-malpractice personal injury cases. San Diego County Superior Court juries determine non-economic damage amounts based on the severity, permanence, and impact of the injuries on the victim's life. Medical malpractice non-economic damages are capped by MICRA at $470,000 (2026).
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