Accidents & Injuries · Injury claims
How personal injury claims generally work
In this guide
- Most injury claims are based on negligence: failing to use reasonable care.
- California uses pure comparative fault, which reduces recovery by a person’s own share of fault.
- The general time limit to file a personal injury lawsuit is two years.
The basic idea
Most injury claims rest on negligence: someone owed a duty to use reasonable care, failed to do so, and that failure caused harm. Other claims involve defective products, dangerous property conditions, or intentional acts.
Comparative fault
California follows pure comparative fault. If an injured person is found partly at fault, their recovery is reduced by their percentage of fault, but they can still recover something even if mostly at fault.
Damages
- Economic damages: medical bills, lost wages, property damage, and other out-of-pocket costs.
- Non-economic damages: pain, suffering, and emotional distress.
- Some kinds of cases, such as medical malpractice, have caps on certain damages.
How claims usually move
Many injury claims are resolved with insurers before any lawsuit. Health insurers, Medi-Cal, and medical providers may have liens or rights to be repaid from a settlement. A settlement usually requires signing a release that ends the claim.
Injuries at work
Injuries on the job are generally handled through the workers’ compensation system rather than a lawsuit against the employer. The Division of Workers’ Compensation has free Information & Assistance officers.
Time frames
- Personal injury lawsuit: generally 2 years
- Property damage: generally 3 years
- Claim against a government agency: generally 6 months (see the government claims guide)
Official sources for this guide
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