California Personal Injury Laws

When an injury could not reasonably have been discovered at the time it occurred, the statute begins running from the date the injury was or should have been discovered.

The statute of limitations does not begin running until a minor reaches age 18.

Claims against a government entity must first be presented to the entity within 6 months of the injury. If denied, you have 6 months to file suit.

Wrongful death actions must be commenced within 2 years after the date of death.

California does not impose a statutory cap on compensatory damages in personal injury cases.

Punitive damages require clear and convincing evidence of oppression, fraud, or malice. While there is no fixed cap, courts apply constitutional proportionality limits.

Filing fee for unlimited civil cases (over $25,000 in dispute) in California Superior Court.

Cases are generally filed in the county where the injury occurred or where any defendant resides.

Each defendant is jointly and severally liable for economic damages (medical bills, lost wages) but only severally liable for non-economic damages (pain and suffering) in proportion to their fault.

A wrongful death action may be brought by the decedent's surviving spouse, domestic partner, children, or other dependents within 2 years of the date of death.

Dog owners are strictly liable for bite injuries regardless of the dog's prior behavior or the owner's knowledge of viciousness.

California generally does not hold bars or social hosts liable for injuries caused by intoxicated patrons. An exception exists for furnishing alcohol to an obviously intoxicated minor (Cal. Civ. Code § 1714(d)).