Pure Comparative Negligence
California follows pure comparative negligence, allowing recovery even if plaintiff is 99% at fault. Damages are reduced by plaintiff's percentage of fault. This is one of the most plaintiff-friendly negligence systems in the US.
No Cap
No limit on non-economic damages
2 years for personal injury
Deadline to file your lawsuit
California follows pure comparative negligence, allowing recovery even if plaintiff is 99% at fault. Damages are reduced by plaintiff's percentage of fault. This is one of the most plaintiff-friendly negligence systems in the US.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. Even at 99% fault, plaintiff can recover 1% of damages.
MICRA caps only apply to medical malpractice non-economic damages. Caps increase $40k/year (injury) and $50k/year (wrongful death) until 2034 reaching $750k and $1M respectively
$0
Based on reported cases in California
12,271
Personal injury lawsuits per year
California has been the site of several landmark personal injury cases that have shaped tort law nationwide. The case of Li v. Yellow Cab Co. (1975) established California's pure comparative negligence system, replacing the harsh contributory negligence rule and allowing injured parties to recover damages even when partially at fault.
The Greenman v. Yuba Power Products (1963) case, decided by the California Supreme Court, created the modern doctrine of strict product liability. This case held that manufacturers could be held liable for defective products without the need to prove negligence, revolutionizing consumer protection law across America.
More recently, major settlements in California include a $714 million verdict in a Monsanto Roundup case (Johnson v. Monsanto, 2018) for a plaintiff who developed cancer, and numerous multi-million dollar verdicts against rideshare companies Uber and Lyft for accidents caused by their drivers. California courts are known for being plaintiff-friendly, often resulting in higher verdicts than the national average.
The state has also seen significant settlements in wildfire litigation, with PG&E agreeing to pay $13.5 billion to victims of fires caused by their equipment. These cases demonstrate California's commitment to holding corporations accountable for negligent conduct.
Filing a personal injury lawsuit in California begins with the California Superior Court in the county where the accident occurred or where the defendant resides. The state has 58 superior courts, one for each county, with Los Angeles being the busiest civil court in the nation.
Before filing, California law requires certain pre-suit procedures in some cases. Medical malpractice claims require a Certificate of Merit from a qualified expert. Government claims against state or local entities must first be filed with the appropriate government agency within 6 months of the incident.
California uses a case management conference system where judges actively manage cases toward resolution. Most personal injury cases go through mandatory settlement conferences, and many counties have court-annexed mediation programs. Discovery in California is governed by the Code of Civil Procedure, with standard interrogatories, depositions, and requests for production.
The state offers expedited jury trials for cases with damages under certain thresholds, and small claims court handles matters up to $10,000 (or $5,000 for businesses). Most personal injury cases settle before trial, but California's efficient court system can bring cases to trial within 12-18 months in most counties.
When selecting a personal injury attorney in California, look for someone licensed by the State Bar of California with specific experience in your type of case. California has over 190,000 active attorneys, so specialization matters significantly.
Consider attorneys who are members of the Consumer Attorneys of California (CAOC), the state's premier trial lawyer association. CAOC members often have extensive trial experience and stay current on California personal injury law developments.
Given California's diverse population, many attorneys offer services in multiple languages. If English isn't your first language, finding an attorney who can communicate in your preferred language can be valuable for clear communication throughout your case.
Ask about the attorney's experience with California's MICRA law if you have a medical malpractice case, as these caps significantly affect case strategy. For car accidents, verify they understand California's pure comparative fault system and how it applies to insurance negotiations. Most California personal injury attorneys work on contingency, typically 33-40% of the recovery.
California's statute of limitations for personal injury cases is 2 years from the date of injury under Code of Civil Procedure § 335.1. This deadline is strictly enforced, and missing it generally bars your claim forever.
Several exceptions can extend or modify this deadline. The discovery rule applies when injuries weren't immediately apparent—the clock starts when you discover (or should have discovered) the injury. For minors, the statute is tolled until age 18, giving them until age 20 to file.
Claims against California government entities have a much shorter deadline: you must file an administrative claim within 6 months of the incident. If the claim is rejected, you then have 6 months to file a lawsuit. Medical malpractice cases have a 3-year outer limit from the date of injury, regardless of discovery.
This calculator provides estimates only and is not legal advice. Laws in California are complex and individual case results vary. Consult a licensed California attorney for advice specific to your case.