ClaimValuator
Free case review

California Injury Claim Rules

Rules cited to California’s statutes and case lawRules checked How we calculate

Fault rulePure comparativeYou can recover at any fault level. The award is cut by your share.Li v. Yellow Cab Co., 13 Cal. 3d 804 (1975)
Filing deadline2 yearsFrom the date of the injury.Cal. Civ. Proc. Code § 335.1
Minimum insurance30/60/15Per person, per crash, property. California is an at-fault state.Cal. Veh. Code § 16056
Damage capsNone on injury damagesPunitive and malpractice damages can be capped separately.

Calculators with these rules built in

California personal injury settlementAny injury someone else caused, valued under your state’s fault rule.California car accident settlementInjury value plus your vehicle claim, with policy limits and no-fault rules.California truck accident settlementCommercial policies carry far higher limits. See what that changes.California motorcycle accident settlementSevere-injury ranges, fault disputes and the rider’s own coverage.California pedestrian accident settlementHit on foot, including crosswalk fault and your own auto coverage.California bicycle accident settlementCyclist claims under your state’s fault rule.California rideshare accident settlementUber and Lyft layered coverage, by the driver’s app status.California slip and fall settlementPremises claims, where proving the owner knew is half the case.California dog bite settlementStrict-liability and one-bite states, and the homeowner’s policy that pays.California wrongful death settlementLost support, household services and companionship, valued today.California pain and sufferingCompare the multiplier and per-diem methods side by side.California settlement offer checkerPlace an insurer’s offer inside your state’s range.California demand letterA ready-to-edit demand letter for the insurance adjuster.California filing deadlineYour last day to file an injury lawsuit, by state and claim type.California comparative faultHow your share of fault changes the award under your state’s rule.California policy limits and um/uim gapWhen the other driver’s policy runs out, and what your own covers.

This page collects the rules that decide what an injury claim is worth in California: who can recover when both sides share the blame, how long you have to sue, what insurance drivers must carry and whether the state caps damages. Every rule links to the statute or court decision behind it, and every calculator on this site uses these same values.

California is an at-fault state, so claims are paid by the at-fault party’s insurer, and its pure comparative rule sets how much your own share of fault costs you.

California injury claim rules

Fault. California uses pure comparative fault. If a jury finds you 20% at fault, your award drops by 20%, and you can still recover something even if you were mostly to blame. Insurers still argue your share up, because every point of fault comes off the payout.

Filing deadlines. You have two years from the injury to file a personal injury lawsuit. Families have two years for a wrongful death claim, usually counted from the date of death. Claims against a government agency need written notice much sooner.

Car insurance. California is an at-fault state, so the at-fault driver’s liability insurance pays your claim. Drivers must carry at least $30,000 per injured person, $60,000 per crash and $15,000 for property damage, written 30/60/15. Raised from 15/30/5 on January 1, 2025.

Damage caps. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.

Dog bites. Owners are strictly liable for bites in a public place or to people lawfully on private property, even if the dog never bit before.

California injury claim questions

Can I still get a settlement in California if I was partly at fault?

Yes. California uses pure comparative fault, so you can recover even if you were mostly at fault. Your award is reduced by your percentage.

How long do I have to file a personal injury lawsuit in California?

two years from the injury in most cases.

Who pays a personal injury settlement?

Usually the at-fault party’s insurer: auto, homeowner’s or business liability coverage. The policy limit often sets the practical ceiling.

Does California cap pain and suffering damages?

Not in most injury cases. No cap on injury damages. Medical malpractice and punitive damages can have separate limits.