Personal injury law in California — what it means and what it covers
A personal injury case in California is a civil claim brought by someone who has been physically, emotionally, or financially harmed by another party's negligence or wrongful conduct. The injured party — the plaintiff — pursues compensation for medical bills, lost earnings, future earning capacity, pain and suffering, loss of enjoyment of life, and (when the conduct is sufficiently egregious) punitive damages.
Personal injury claims in California are governed primarily by Code of Civil Procedure §335.1 (two-year statute of limitations for most negligence claims) and Civil Code §1431 et seq. (comparative fault). The general rule is that an injured plaintiff can recover damages from any party whose negligence contributed to the injury, with the recovery reduced proportionally by the plaintiff's own share of fault.
Cases we handle
- Car accidents — passenger-vehicle crashes, multi-vehicle pileups, freeway and surface-street collisions
- Truck accidents — commercial trucks, FMCSA-regulated motor carriers, federal hours-of-service violations
- Motorcycle accidents — including lane-splitting law, bias issues, and helmet-defense rules
- Pedestrian accidents — crosswalk and intersection cases, government-entity liability for unsafe road design
- Bicycle accidents — dooring claims under CVC §22517, three-foot passing law, unsafe road conditions
- Slip and fall — premises liability — actual vs. constructive notice, defendant maintenance failure
- Dog bites — California Civil Code §3342 strict liability, homeowner's policy recovery
- Wrongful death — Code of Civil Procedure §377.60 survivor claims and §377.30 estate survival actions
What an injured California plaintiff can recover
California recognizes both economic damages (medical bills, lost earnings, future loss of earning capacity, property damage) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium). Outside of medical malpractice (which is subject to the MICRA caps), there is no statutory cap on non-economic damages in most California personal injury cases.
In cases of egregious conduct — drunk driving, intentional misconduct, fraud, or conscious disregard for the safety of others — California courts may also award punitive damages intended to punish the defendant and deter similar conduct in the future.
How long you have to file
Most California personal injury claims have a two-year statute of limitations from the date of injury. Medical malpractice claims are typically limited to one year from discovery of the injury or three years from the act, whichever is sooner. Claims against public entities (cities, counties, state agencies) require a government claim filed within six months. Missing any of these deadlines is fatal to the case.
How we charge
Personal injury cases at Solov & Teitell are handled on a contingency-fee basis. There is no charge for the initial consultation, no charge to investigate the case, and no fee owed unless we recover a settlement or verdict on your behalf. We advance the litigation costs and are reimbursed from the recovery.