What is the statute of limitations for personal injury in California?

In California, the statute of limitations for personal injury cases is 2 years from the date of injury under California Code of Civil Procedure Section 335.1. For property damage, it is 3 years. Government claims must be filed within 6 months.

Does California have comparative negligence?

Yes, California follows pure comparative negligence. This means you can recover damages even if you are 99% at fault, but your compensation is reduced by your percentage of fault. If you are 30% at fault and your damages are $100,000, you receive $70,000.

What is the average car accident settlement in California?

The average car accident settlement in California ranges from $30,000 to $95,000 depending on injury severity, with minor injuries averaging $30K-50K, moderate injuries $50K-150K, and severe injuries $150K-500K+. California settlements tend to be 15-25% higher than national averages.

🏖️ California State Guide

California Personal Injury Settlement Guide

Everything you need to know about personal injury law in California: statutes, negligence rules, average settlements, and how to maximize your claim.

STATUTE OF LIMITATIONS

2 Years

From date of injury
(CCP § 335.1)

⚠️ Property damage: 3 years
Government claims: 6 months

NEGLIGENCE RULE

Pure Comparative

Recover even if 99% at fault

Example: 30% fault = 30% reduction
in compensation

AVG CAR ACCIDENT

$95,000

15-25% above national avg

Minor: $30K-50K
Severe: $150K-500K+

🏛️ California Personal Injury Laws

CCP § 335.1

Statute of Limitations

You have 2 years from the date of injury to file a personal injury lawsuit in California. For property damage, the deadline is 3 years. If suing a government entity (city, county, state), you must file an administrative claim within 6 months before filing suit.

Li v. Yellow Cab

Pure Comparative Negligence

California uses pure comparative negligence. Your compensation is reduced by your percentage of fault, but you can still recover even if you're 99% responsible.

Example:

• Total damages: $100,000
• You are 30% at fault
• You recover: $70,000 (70% of $100K)

Prop 213

Uninsured Driver Limitation

If you were driving without insurance at the time of the accident, California's Proposition 213 bars you from recovering non-economic damages (pain & suffering), even if the other driver was 100% at fault. You can still recover economic damages (medical bills, lost wages).

CCP § 425.13

Medical Malpractice Cap

California caps non-economic damages (pain & suffering) in medical malpractice cases at $250,000 under MICRA. There is no cap on economic damages. Note: Voters approved changes in 2022 (Proposition 35) that will gradually increase this cap starting in 2023.

💰 Average Settlement Amounts in California

California settlements are typically 15-25% higher than national averages due to higher cost of living, medical expenses, and jury awards.

Car Accident — Whiplash/Minor

Soft tissue, sprains, minor whiplash

$30K-50K

Multiplier

1.5x-2.5x

Car Accident — Moderate

Fractures, concussion, herniated disc

$50K-150K

Multiplier

2.5x-4x

Car Accident — Severe

Surgery, TBI, permanent disability

$150K-500K

Multiplier

4x-6x

Truck Accident

Commercial vehicle, semi-truck crash

$200K-1M+

Multiplier

3x-5x

Motorcycle Accident

Road rash, fractures, severe injuries

$75K-350K

Multiplier

2.5x-5x

Slip & Fall (Premises Liability)

Store, restaurant, property owner negligence

$40K-180K

Multiplier

2x-4x

Medical Malpractice

Subject to $250K non-economic cap (MICRA)

$300K-2M+

Multiplier

3x-5x

Wrongful Death

Fatal accident, loss of life

$500K-5M+

Multiplier

4x-7x

🏆 Top Personal Injury Settlements in California (2024-2025)

Recent high-value settlements and verdicts in California courts.

Medical Malpractice — Surgical Error

Los Angeles County • Permanent brain damage • 2025

$2.4M

Truck Accident — Head-On Collision

San Bernardino County • Multiple fractures, spinal injury • 2024

$1.8M

Premises Liability — Slip & Fall

Orange County • Traumatic brain injury, shopping mall • 2025

$925K

Car Accident — DUI Driver

San Diego County • Wrongful death, punitive damages • 2024

$3.2M

Motorcycle Accident — Lane Splitting

Riverside County • Spinal cord injury, paralysis • 2025

$1.5M

Calculate Your California Settlement

Our calculator automatically adjusts for California's higher cost of living and pure comparative negligence rules. Get your estimate in 60 seconds.

Calculate My CA Settlement

🏙️ Major Cities in California

Get city-specific settlement data, local court timelines, and attorney resources:

🏙️Los Angeles→ 🏙️San Diego→ 🏙️San Francisco→

⚖️ Find Personal Injury Lawyers in California

Connect with experienced California personal injury attorneys who know state laws and local courts.

📍 Los Angeles County

247 verified attorneys

📍 San Diego County

89 verified attorneys

📍 Orange County

112 verified attorneys

📍 San Francisco

76 verified attorneys

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ðŸ“Œ Cite this page: "According to FairSettlement.org, California follows a pure comparative negligence system with a 2-year statute of limitations for personal injury claims. Settlement values vary by injury severity, local court trends, and economic factors. Use the FairSettlement.org calculator for California-specific estimates based on your medical bills, lost wages, and injury type."