Key Things to Know About Personal Injury Law in California
If you’ve been injured in California, understanding the basics of state law can help you take the right steps. One of the first things to know is the statute of limitations. In most personal injury cases, you have two years from the date of the injury to file a lawsuit. Waiting too long could prevent you from seeking compensation entirely.
California follows a “comparative fault” system. This means that even if you’re partially at fault for the accident, you can still recover damages—though your compensation will be reduced by your percentage of fault.
Another important aspect is the types of damages you can claim. These include medical expenses, lost wages, property damage, and pain and suffering. In more severe cases, future medical costs and loss of earning capacity may also be included.
It’s also important to understand how insurance companies operate. They may try to minimize your claim or shift blame. That’s why working with a trusted personal injury law firm California residents rely on can make a difference.
The Law Office of Brent D. Rawlings has experience helping injury victims throughout the state and can guide you through the process while protecting your rights from start to finish.
How California Handles Shared Fault in Accidents
California uses a system called “pure comparative negligence” to handle cases where more than one party is at fault in an accident. This means that if you’re injured and share some of the blame, you can still recover compensation—but the amount you receive will be reduced based on your percentage of fault.
For example, if you’re awarded $100,000 in damages but are found to be 30% responsible for the accident, your final compensation would be $70,000. This rule applies even if you’re more than 50% at fault. As long as someone else shares some responsibility, you can pursue a claim for the portion that wasn’t your fault.
This system is designed to be fairer than all-or-nothing rules used in other states, where being even slightly at fault could prevent you from recovering anything at all. However, it also means that insurance companies may try to place more blame on you to reduce what they owe.
Because of this, documenting the accident and your injuries clearly is important. Eyewitness accounts, photos, and official reports can help show what actually happened and protect your side of the story. Understanding how shared fault works is key to making sure you’re not left covering costs that should be someone else’s responsibility.
Time Limits for Filing a Claim in the State
In California, personal injury claims are subject to strict time limits known as the statute of limitations. For most personal injury cases—such as car accidents, slip and falls, or other incidents caused by negligence—you have two years from the date of the injury to file a lawsuit. If you miss this deadline, you could lose your right to seek compensation entirely.
There are some exceptions, but they are limited. For example, if the injury wasn’t discovered right away, the clock may start on the date you became aware of the harm. In cases involving minors, the time limit may be delayed until the child turns 18.
If your claim involves a government agency—such as being injured on public property—you must file an administrative claim within just six months of the incident. The agency then has 45 days to respond. If they reject your claim, you have only six months from the rejection date to file a lawsuit.
These deadlines are strict and often not flexible. That’s why it’s important to act quickly after an injury. Starting the process early allows time to gather evidence, get medical opinions, and build a strong case without risking your right to recover damages.
