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
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.