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CA
US · West

Personal injury in
California.

By 7 min read

California applies pure comparative negligence and the MICRA cap on medical malpractice non-economic damages, restructured by AB 35 in 2023 onto a phased schedule.

California is the highest-volume personal injury litigation market in the United States. Pure comparative negligence applies — Li v. Yellow Cab (1975) abolished the contributory bar and adopted the comparative rule. Recovery is available at any percentage of fault, reduced proportionally.

The most consequential California cap is MICRA — the Medical Injury Compensation Reform Act. Originally a flat $250,000 cap on non-economic damages in medical-malpractice cases (set in 1975 and unindexed for nearly 50 years), MICRA was rebuilt by AB 35 effective 1 January 2023. The cap now rises annually on a phased schedule split between cases involving death and cases not involving death; for 2025 the figures are roughly $390,000 (non-death) and $500,000 (death), reaching $750,000 / $1 million by 2034.

Proposition 213 (Cal. Civ. Code § 3333.4) bars uninsured drivers from recovering non-economic damages in motor accident cases. The same bar applies to DUI defendants. The general personal-injury statute of limitations is two years; medical malpractice is one year with a three-year repose period.

statute of limitations
2 years for personal injury; 1 year for medical malpractice (with 3-year repose)

Cal. Code Civ. Proc. § 335.1, § 340.5

fault rule
Pure comparative negligence

Pure comparative negligence under Li v. Yellow Cab (1975) — recovery available at any fault percentage.

CA · statutory caps

What caps recovery.

Caps and ceilings imposed by California law that bear on settlement values.

CA · key facts

What makes California different.

The handful of details that distinguish this jurisdiction from its neighbours.

other US jurisdictions

Compare across United States.

How California compares to its sibling jurisdictions in United States on fault rule and limitation period.

JurisdictionFault ruleLimitation
California· you are herePure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)
Alabama (AL)Pure contributory negligence2 years from date of injury
Alaska (AK)Pure comparative negligence2 years from date of injury or discovery
Arizona (AZ)Pure comparative negligence2 years from date of injury
Arkansas (AR)Modified comparative — 50% bar3 years for personal injury; 2 years for medical malpractice
Colorado (CO)Modified comparative — 50% bar2 years for personal injury; 3 years for motor vehicle
Connecticut (CT)Modified comparative — 51% bar2 years from date of injury
Delaware (DE)Modified comparative — 51% bar2 years from date of injury
District of Columbia (DC)Pure contributory negligence3 years from date of injury
Florida (FL)Modified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)
Georgia (GA)Modified comparative — 50% bar2 years from date of injury
Hawaii (HI)Modified comparative — 51% bar2 years from date of injury
Idaho (ID)Modified comparative — 50% bar2 years from date of injury
Illinois (IL)Modified comparative — 51% bar2 years from date of injury
Indiana (IN)Modified comparative — 51% bar2 years from date of injury
Iowa (IA)Modified comparative — 51% bar2 years from date of injury
Kansas (KS)Modified comparative — 50% bar2 years from date of injury
Kentucky (KY)Pure comparative negligence1 year for personal injury (one of the shortest in the US)
Louisiana (LA)Pure comparative negligence1 year (la prescription) — extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024
Maine (ME)Modified comparative — 50% bar6 years for personal injury — longest in the US
Maryland (MD)Pure contributory negligence3 years from date of injury
Massachusetts (MA)Modified comparative — 51% bar3 years from date of injury
Michigan (MI)Modified comparative — 51% bar3 years from date of injury
Minnesota (MN)Modified comparative — 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpractice
Mississippi (MS)Pure comparative negligence3 years from date of injury
Missouri (MO)Pure comparative negligence5 years for personal injury; 2 years for medical malpractice
Montana (MT)Modified comparative — 51% bar3 years from date of injury
Nebraska (NE)Modified comparative — 50% bar4 years for personal injury; 2 years for medical malpractice
Nevada (NV)Modified comparative — 51% bar2 years for personal injury; 3 years for medical malpractice
New Hampshire (NH)Modified comparative — 51% bar3 years from date of injury
New Jersey (NJ)Modified comparative — 51% bar2 years from date of injury
New Mexico (NM)Pure comparative negligence3 years from date of injury
New York (NY)Pure comparative negligence3 years for personal injury; 2 years 6 months for medical malpractice
North Carolina (NC)Pure contributory negligence3 years from date of injury
North Dakota (ND)Modified comparative — 50% bar6 years for personal injury; 2 years for medical malpractice
Ohio (OH)Modified comparative — 51% bar2 years from date of injury
Oklahoma (OK)Modified comparative — 51% bar2 years from date of injury
Oregon (OR)Modified comparative — 51% bar2 years from date of injury
Pennsylvania (PA)Modified comparative — 51% bar2 years from date of injury
Rhode Island (RI)Pure comparative negligence3 years from date of injury
South Carolina (SC)Modified comparative — 51% bar3 years from date of injury
South Dakota (SD)Pure comparative negligence3 years from date of injury
Tennessee (TN)Modified comparative — 50% bar1 year from date of injury — among the shortest in the US
Texas (TX)Modified comparative — 51% bar2 years from date of injury
Utah (UT)Modified comparative — 50% bar4 years for personal injury; 2 years for medical malpractice
Vermont (VT)Modified comparative — 51% bar3 years from date of injury
Virginia (VA)Pure contributory negligence2 years from date of injury
Washington (WA)Pure comparative negligence3 years from date of injury
West Virginia (WV)Modified comparative — 51% bar2 years from date of injury
Wisconsin (WI)Modified comparative — 51% bar3 years from date of injury
Wyoming (WY)Modified comparative — 51% bar4 years from date of injury
CA · frequently asked

Common questions.

Common questions about personal injury claims in California, answered with the relevant statutory references.

editorial note

This page summarises the California statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in California. See /methodology, /sources, and /disclaimer.