What is the statute of limitations for personal injury claims in California?

2 years for personal injury; 1 year for medical malpractice (with 3-year repose). Source: Cal. Code Civ. Proc. § 335.1, § 340.5. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in California?

Yes — California applies the following caps: MICRA non-economic cap (med-mal) ($470,000 (no death) / $650,000 (death) for 2026, rising $40,000 and $50,000 each 1 January) under Cal. Civ. Code § 3333.2 (as amended by AB 35); Proposition 213 (Bars non-economic damages) under Cal. Civ. Code § 3333.4. See the caps section above for the conditions under which each applies.

Does California operate a no-fault auto insurance scheme?

No. California is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.

How are settlements typically valued in California?

Practitioners and adjusters in California value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (pure comparative negligence) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.

Should I hire a California attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. California's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most California personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ US · West

Personal injury in
California.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 2026Updated 26 October 20267 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 2026 the figures are $470,000 (non-death) and $650,000 (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.

united states · sister site

In the US? See what your case could be worth.

FairSettlement runs a free case check in about two minutes. Real settlement ranges for your state, no cost and no obligation.

Check my case

★ 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.

MICRA non-economic cap (med-mal)
Medical malpractice
$470,000 (no death) / $650,000 (death) for 2026, rising $40,000 and $50,000 each 1 January
Cal. Civ. Code § 3333.2 (as amended by AB 35)
Proposition 213
Uninsured drivers and DUI defendants
Bars non-economic damages
Cal. Civ. Code § 3333.4

★ CA · key facts

What makes California different.

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

Pure comparative negligence (Li v. Yellow Cab, 1975)
MICRA cap rebuilt by AB 35 effective 1 Jan 2023, phased schedule rising annually
Proposition 213 bars non-economic damages for uninsured drivers and DUI defendants
2-year SOL for general PI; 1 year for med-mal with 3-year repose
Highest-volume PI litigation market in the US

★ CA · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under California law.

★ CA · court decisions

What California courts have decided.

Reported California decisions for each injury type, each with a link to the judgment and to the full injury guide.

Whiplash
Howell v. Hamilton Meats & Provisions
California Supreme Court · 2011
$189,978.63 billed; $130,286.90 written off and excluded
The plaintiff’s providers billed $189,978.63 for her care up to trial, including $122,841 for her surgeries at Scripps, of which her insurer PacifiCare paid $24,380, she paid $3,566, and $94,894 was written off.
whiplash in California →
Back & spine
Jackson v. Park
California Court of Appeal · 2021
$17,235 verdict; new trial affirmed
Jackson’s trailer was struck by Park, whom his lawyer argued was drunk.
back & spine in California →
Head & brain
Collins v. Union Pacific Railroad
California Court of Appeal · 2012
$3,945,493.93 verdict reduced to $2,695,493.93
In 2003 two Union Pacific freight trains collided near Beaumont, derailing more than 20 cars.
head & brain in California →
Fracture
Paige v. Safeway
California Court of Appeal · 2022
Defense verdict affirmed
Weeks after Safeway had its parking lot crosswalk restriped, Paige, then 60, took two or three steps onto it and slipped, saying it was like slipping on ice.
fracture in California →
Fracture
Schreiber v. Lee
California Court of Appeal · 2020
$756,000 and $224,000 judgments
Marthe Schreiber was seriously injured when she fell through a skylight built into her apartment deck in San Francisco.
fracture in California →
Medical negligence
Rashidi v. Moser
California Court of Appeal · 2013
$1,325,000 noneconomic found; limited by MICRA
Hamid Rashidi had an embolization procedure for severe nosebleeds at Cedars-Sinai in 2007 and woke up permanently blind in one eye; he alleged the microspheres used traveled to his eye.
medical negligence in California →
Workplace
Blaylock v. DMP 250 Newport Center
California Court of Appeal · 2023
Summary judgment for owner affirmed
Blaylock, a project manager for an HVAC contractor, went into a building’s crawl space with three coworkers to trace an airflow problem and fell through an access panel in the floor.
workplace in California →
Workplace
Collins v. Union Pacific Railroad
California Court of Appeal · 2012
$2,695,493.93 after remittitur
A derailment cleanup worker hit on the head by a falling crane block received workers’ compensation from his employer and then won a federal railroad claim against Union Pacific as its special employee; the award was reduced to reflect the compensation lien.
workplace in California →

★ CA · rules that decide claims

The rules in California.

Statutes and rulings that come up again and again in California injury claims, each with its source.

Fault rule	Pure comparative fault: your own negligence reduces your damages by your share but never bars recovery, even at 90%.Li v. Yellow Cab Co. (Cal. 1975)
Deadline to sue	Two years for “an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”Cal. Code Civ. Proc. § 335.1
Claims against public entities	A claim for death or personal injury must be presented “not later than six months after the accrual of the cause of action.”Cal. Gov. Code § 911.2
Seat belt use	Not negligence by itself, but negligence can be proven as a fact for comparative fault.Cal. Veh. Code § 27315(i), in the MyClaimWorth seat belt chart
Medical bills	Past medical damages are limited to the amount actually paid or owed, not the higher amount billed and written off.Howell v. Hamilton Meats & Provisions (Cal. 2011)
Improper argument	Repeated improper closing argument by defense counsel can justify a new trial where it is reasonably probable the plaintiff would otherwise have done better.Jackson v. Park (Cal. Ct. App. 2021)
Reasonable value of care	Competing billing experts can testify to the reasonable value of medical care; the jury weighs them.Jackson v. Park (Cal. Ct. App. 2021)
Remittitur	A trial judge may reduce an excessive award instead of ordering a new trial; the plaintiff may accept the lower figure.Collins v. Union Pacific Railroad (Cal. Ct. App. 2012)

★ other US jurisdictions

Compare across United States.

How California compares with its neighbours in the West on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
California· you are here	Pure comparative negligence	2 years for personal injury; 1 year for medical malpractice (with 3-year repose)
Alaska (AK)	Pure comparative negligence	2 years from date of injury or discovery
Colorado (CO)	Modified comparative, 50% bar	2 years for personal injury; 3 years for motor vehicle
Hawaii (HI)	Modified comparative, 51% bar	2 years from date of injury
Idaho (ID)	Modified comparative, 50% bar	2 years from date of injury
Montana (MT)	Modified comparative, 51% bar	3 years from date of injury
Nevada (NV)	Modified comparative, 51% bar	2 years for personal injury; 3 years for medical malpractice
Oregon (OR)	Modified comparative, 51% bar	2 years from date of injury
Utah (UT)	Modified comparative, 50% bar	4 years for personal injury; 2 years for medical malpractice
Washington (WA)	Pure comparative negligence	3 years from date of injury
Wyoming (WY)	Modified comparative, 51% bar	4 years from date of injury

Every United States jurisdiction compared

★ CA · frequently asked

Common questions.

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

What is the statute of limitations for personal injury claims in California?
2 years for personal injury; 1 year for medical malpractice (with 3-year repose). Source: Cal. Code Civ. Proc. § 335.1, § 340.5. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in California?
Pure comparative negligence. Pure comparative negligence under Li v. Yellow Cab (1975), recovery available at any fault percentage.
Are there caps on damages in California?
Yes — California applies the following caps: MICRA non-economic cap (med-mal) ($470,000 (no death) / $650,000 (death) for 2026, rising $40,000 and $50,000 each 1 January) under Cal. Civ. Code § 3333.2 (as amended by AB 35); Proposition 213 (Bars non-economic damages) under Cal. Civ. Code § 3333.4. See the caps section above for the conditions under which each applies.
Does California operate a no-fault auto insurance scheme?
No. California is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.
How are settlements typically valued in California?
Practitioners and adjusters in California value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (pure comparative negligence) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.
Should I hire a California attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. California's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most California personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

united states · sister site

Injured in California? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

★ federal context

Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working

How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority

Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the California statutory framework as of 2026-10-26. 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.

Personal injury inCalifornia.

Personal injury in
California.