Best Personal Injury Lawyers in Irvine, CA

Understanding California Personal Injury Laws

California has several laws that can affect an injury claim. Knowing the basic rules can help you understand how a case may move forward and what deadlines apply. Some laws decide how long you have to file a lawsuit, while others explain how fault is shared when more than one person is responsible. California also has special rules for claims against government agencies and medical providers. Learning these basics can help you make informed decisions and avoid missing important legal deadlines.

• Comparative Fault: California follows pure comparative negligence. You may still recover damages even if you were partly at fault, but your recovery is reduced by your share of the blame.
• Personal Injury Deadline: Most personal injury lawsuits must be filed within two years from the date of the injury.
• Wrongful Death Deadline: In most cases, a wrongful death lawsuit must also be filed within two years of the person's death.
• Government Claims: Claims against a California government agency usually require a written claim within six months before a lawsuit can be filed.
• Medical Malpractice: Medical malpractice claims generally must be filed within one year after discovering the injury, or within three years from the date the injury occurred, with limited exceptions.
• Damage Limits: California does not place a general cap on damages in most personal injury cases. However, state law limits non-economic damages in medical malpractice claims.