California Personal Injury Attorneys

At DearLegal, we connect you with experienced California personal injury attorneys who understand the state’s pure comparative fault rule, the strict 6-month Government Claims Act deadline, and the unique procedural traps in California Civil Code and Code of Civil Procedure. Whether your injury happened in Los Angeles, San Francisco, San Diego, Sacramento, on the PCH, or hiking in the Sierras, we’ll match you with the right attorney — at no cost to get started.

Two years from the date of injury under Cal. Code Civ. Proc. § 335.1. Wrongful death is also two years from the date of death under § 335.1. If your claim is against the State, a city, a county, or any other public entity, you must file a written Government Code claim within 6 months under Gov. Code § 911.2, and then file suit within 6 months of the rejection notice under § 945.6. Medical malpractice has a separate framework under § 340.5.

Your recovery is reduced by your percentage of fault, but there is no bar. Even if you are 80% at fault, you can still recover 20%. That makes California one of the most plaintiff-friendly fault regimes in the country. But under Proposition 51 (Cal. Civ. Code § 1431.2), defendants are only severally liable for non-economic damages, so apportionment among defendants still drives the math.

Auto, truck, motorcycle, and rideshare crashes; slip-and-falls; premises liability at retailers, hotels, and rentals; defective products; medical malpractice (MICRA); nursing home neglect (with separate Elder Abuse Act remedies); dog bites (strict liability under Civ. Code § 3342); recreational injuries (skiing, surfing, hiking, biking); negligent security; workplace third-party claims; and wrongful death.

You look at your own uninsured/underinsured motorist coverage, homeowner’s or commercial policies, and any vicarious-liability defendants. California insurers must offer UM/UIM and waivers must be in writing under Cal. Ins. Code § 11580.2.

Most cases settle, but California juries — particularly in Los Angeles, San Francisco, Alameda, and Santa Clara counties — return some of the largest verdicts in the country. Defense insurers know which firms try cases, and that affects every settlement offer.

You have to file a Government Code claim within 6 months of accrual under Gov. Code § 911.2. The claim must include specific information about the incident and damages. Once it’s rejected (or deemed rejected after 45 days), you have 6 months to file suit under § 945.6. These deadlines are strict, technical, and unforgiving.

California personal injury attorneys typically take cases on a contingency basis — no upfront cost, and they’re paid a percentage of the recovery only if they win. Typical fees range from 33% to 40% depending on whether the case settles or goes to trial. Medical malpractice fees are capped on a sliding scale under MICRA. Case expenses are normally advanced by the firm and deducted from the final recovery.

Why Do You Need a Personal Injury Attorney in California?

California uses pure comparative fault (Li v. Yellow Cab Co., 13 Cal.3d 804) — you can recover even if you’re mostly at fault, with your award reduced by your percentage. The standard PI SOL is two years under Code Civ. Proc. § 335.1. There is no cap on non-economic damages in standard personal injury cases (medical malpractice has its own MICRA cap, raised under AB 35 in 2023). But California’s Government Claims Act (Gov. Code § 911.2) requires a written claim against the State or a public entity within 6 months — and the rejection notice triggers a separate six-month window to file suit. Missing either deadline ends the claim. Local counsel who knows the LA Superior Court, San Francisco Superior Court, and California-specific procedure is essential.

When Do You Need a Personal Injury Attorney in California?

Our network includes California personal injury attorneys who handle every kind of case, including:

Types of Personal Injury Cases in California

From the moment you connect with a California personal injury attorney, they go to work protecting your claim. The most common case types we handle:

Treating pure comparative fault as if apportionment doesn’t matter — every percentage point costs real money

Missing the 6-month Government Claims Act deadline under Cal. Gov. Code § 911.2

Confusing the MICRA SOL with the standard PI SOL — they’re different

Giving a recorded statement to the defendant’s insurer without counsel

Posting about the incident, your activities, or your injuries on social media

Settling before reaching maximum medical improvement and pricing future care with a life-care planner

Treating pure comparative fault as if apportionment doesn’t matter — every percentage point costs real money

Missing the 6-month Government Claims Act deadline under Cal. Gov. Code § 911.2

Confusing the MICRA SOL with the standard PI SOL — they’re different

Giving a recorded statement to the defendant’s insurer without counsel

Posting about the incident, your activities, or your injuries on social media

Settling before reaching maximum medical improvement and pricing future care with a life-care planner

Common California Personal Injury Mistakes

Even a small misstep can hurt your case. Here’s what to avoid:

How Much Do California Personal Injury Attorneys Cost?

33%

Typical starting contingency fee — you pay nothing unless your attorney recovers compensation for you.

Personal injury attorneys in California work on a contingency fee basis — typically 33% to 40% of the total recovery. Medical malpractice fees are capped on a sliding scale under MICRA. Given California’s strict Government Claims Act deadlines and sophisticated defense bar, having experienced local counsel from day one is critical. Case expenses are typically advanced by the firm and deducted from the final recovery.

What Can Your California Personal Injury Compensation Include?

Economic Damages (No Cap)

Past and future medical bills, lost wages, lost earning capacity, and out-of-pocket costs — uncapped under California law. Defendants are jointly liable for economic damages.

Non-Economic Damages (No Cap in standard PI)

Pain and suffering, emotional distress, loss of enjoyment — uncapped in standard personal injury cases. Defendants are only severally liable for non-economic damages under Prop 51. Medical malpractice has its own MICRA cap ($430,000 in 2025).

Punitive Damages (No Statutory Cap)

Available under Cal. Civ. Code § 3294 for oppression, fraud, or malice — proven by clear and convincing evidence. No statutory cap, subject to due-process review.

Loss of Consortium

Recoverable by the uninjured spouse for loss of companionship, society, and services. California also recognizes parents’ claims for loss of a child’s consortium in serious cases.

Wrongful Death

Recoverable under Cal. Code Civ. Proc. § 377.60. Damages include loss of love, companionship, comfort, care, society, and pecuniary loss. No statutory cap outside MICRA.

Survival Action Damages

Under Cal. Code Civ. Proc. § 377.34, recently amended to permit pre-death pain and suffering recovery in certain survival actions — a significant change increasing recovery in catastrophic-injury / death cases.

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DearLegal is a legal referral service, not a law firm. We connect individuals with licensed attorneys who can evaluate their case. Nothing on this page constitutes legal advice. Results vary based on individual circumstances.

California Personal Injury Attorneys

Why Do You Need a Personal Injury Attorney in California?

When Do You Need a Personal Injury Attorney in California?

Types of Personal Injury Cases in California

Common California Personal Injury Mistakes

How Much Do California Personal Injury Attorneys Cost?

What Can Your California Personal Injury Compensation Include?

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