Statute of Limitations in California
California Code of Civil Procedure Section 335.1 provides a two-year statute of limitations for most personal injury claims from the date of injury. This is the foundation filing deadline for all non-malpractice California personal injury claims.
"Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another."
Exceptions: Medical malpractice — one year from discovery or three years from the act under MICRA (CCP Section 340.5); Government entities — six-month administrative claim under Government Code Section 945.4; Minor victims — tolled until age 18 (CCP Section 352); Latent toxic injuries — discovery rule under CCP Section 340.8.
California Pure Comparative Fault
Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 established pure comparative fault: an injured party may recover regardless of their own fault percentage, with recovery reduced proportionally. No other state has a more plaintiff-favorable fault system. Proposition 51 (Civil Code Section 1431.2) modifies multi-defendant cases: joint and several liability for economic damages, proportional liability for non-economic damages.
Damages and Caps in California
California imposes no cap on damages in vehicle accident, premises liability, or product liability personal injury cases. Economic damages (medical expenses, lost wages) and non-economic damages (pain and suffering, emotional distress, disfigurement) are fully recoverable. Punitive damages under Civil Code Section 3294 require clear and convincing evidence of malice, oppression, or fraud.
MICRA: Medical Malpractice Damage Caps
MICRA (Medical Injury Compensation Reform Act) caps non-economic damages in medical malpractice at $470,000 for personal injury and $650,000 for wrongful death in 2026, with annual indexing thereafter. Economic damages are uncapped. The MICRA statute of limitations is one year from discovery or three years from the act (CCP Section 340.5). Mandatory 90-day pre-suit notice is required under CCP Section 364.
California Government Claims Act
Government Code Section 945.4 requires a written administrative claim to any government entity within six months of the injury. This applies to all public entities: cities, counties, the state, transit agencies, school districts, and public utilities. The deadline is jurisdictional — missing it permanently bars the lawsuit against the government entity. Common government entity injury claims: Caltrans road defects, city vehicle accidents, BART and Muni transit accidents, public school injuries, and government building premises liability.
California Auto Insurance Requirements
California Vehicle Code Section 16056 (as amended by SB 1107, effective January 1, 2025) requires minimum liability insurance of $30,000/$60,000/$15,000. Uninsured motorist coverage under Insurance Code Section 11580.2 must be offered with every policy. With approximately 16-17% of California drivers uninsured, UM/UIM coverage is essential protection.
Personal Injury Guides by City
Local court information and city-specific personal injury data for 22 major California cities.