California Personal Injury Laws
California operates under pure comparative fault, allowing an injured party to recover damages even if they are 99% at fault, though their recovery is reduced by their fault percentage. The state caps non-economic damages in medical malpractice cases at $350,000 (increasing annually under AB 35). California's large population and active plaintiffs' bar contribute to some of the highest average settlements in the nation.
Statute of Limitations
2 years
Fault Rule
Pure Comparative Fault
Non-Economic Damages Cap
No Cap
Fault Rule: Pure Comparative Fault
You can recover damages even if you are 99% at fault, but your award is reduced by your percentage of fault.
Average Settlement Amounts in California
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in California.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $29,000 |
| Slip and Fall | $35,000 |
| Dog Bite | $50,000 |
Key California Personal Injury Statutes
- •Cal. Civ. Proc. Code § 335.1 (statute of limitations)
- •Cal. Civ. Code § 1714 (pure comparative fault)
- •Cal. Civ. Code § 3333.2 (med mal non-economic cap)
Damage Caps in California
California does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
For medical malpractice cases specifically, California caps damages at $350,000.
Injury Claims in California
Learn more about specific injury types and how California law applies to each.
Major Cities in California
Personal injury attorneys in California serve clients in Los Angeles, San Francisco, San Diego, San Jose, Sacramento, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.