California Personal Injury Law
A plain-English, attorney-grade guide to the statutes, key cases, damages rules, and procedural traps that decide California injury cases. We update these pages as the law evolves — most recently after the MICRA cap revision under AB 35.
Procedural Rules
2 topics
Statute of Limitations
Two years for most injury claims. Six months for government defendants. Discovery rule and tolling exceptions.
Cal. Code Civ. Proc. § 335.1
Government Claims Act
Six-month notice requirement before suing any California public entity. Miss it and your claim is barred.
Cal. Gov't Code § 911.2
Damages
3 topics
Pain and Suffering
No statutory cap on non-economic damages in standard injury cases. Multiplier and per-diem methods explained.
Cal. Civ. Code § 3333
MICRA Cap
California's medical malpractice non-economic cap rose from $250,000 to $350,000 in 2023, escalating annually to $750k/$1M by 2033.
Cal. Civ. Code § 3333.2
Economic Damages
Medical specials past and future, lost wages, lost earning capacity, household services. Present-value reduction for future losses.
Cal. Civ. Code § 3281 et seq.
Liability Theories
3 topics
Comparative Fault
California is a pure comparative fault state. You can recover even if 99% at fault — reduced by your percentage of responsibility.
Li v. Yellow Cab Co., 13 Cal.3d 804 (1975)
Premises Liability
Rowland's multifactorial duty test. Notice, dangerous conditions, and the abolition of the trespasser/invitee/licensee distinction.
Rowland v. Christian, 69 Cal.2d 108 (1968)
Product Liability
Strict liability under Greenman. Design defect (consumer expectation + risk-benefit), manufacturing defect, failure to warn.
Greenman v. Yuba Power Prods., 59 Cal.2d 57 (1963)
Specific Claims
4 topics
Wrongful Death Heirs
Strict statutory hierarchy of eligible heirs. Distinct from survival actions. CCP § 377.60 controls.
Cal. Code Civ. Proc. § 377.60
UM/UIM Coverage
Mandatory offer of UM/UIM. Set-off rules, stacking limits, and binding arbitration instead of court.
Cal. Ins. Code § 11580.2
Dog Bite Liability
Strict liability for owners — no 'one bite' rule. Applies in public places and where the victim is lawfully on private property.
Cal. Civ. Code § 3342
Bystander NIED
Thing v. La Chusa's three-element test for emotional distress when you witness a loved one's serious injury.
Thing v. La Chusa, 48 Cal.3d 644 (1989)
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