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
- Motor vehicle collisions — passenger-vehicle crashes, multi-vehicle pileups, freeway and surface-street accidents
- Motorcycle accidents — including bias issues and helmet-defense pre-emption
- Bicycle and pedestrian collisions — particularly common in dense LA neighborhoods
- Truck accidents — commercial trucks, delivery vehicles, ride-share related collisions
- Premises liability — slip-and-fall, trip-and-fall, inadequate security, dog bites
- Defective products — design defects, manufacturing defects, failure to warn
- Medical malpractice — failure to diagnose, surgical errors, medication errors
- Wrongful death — when the negligence resulted in the death of a family member
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.