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. For workplace claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for California's pure comparative negligence and any applicable statutory cap.
Cal. Code Civ. Proc. § 335.1, § 340.5
Pure comparative negligence under Li v. Yellow Cab (1975) — recovery available at any fault percentage.
Statutory caps that may bear on a workplace settlement in California.
Cal. Civ. Code § 3333.2 (as amended by AB 35)
Cal. Civ. Code § 3333.4
How California's fault rule and limitation period compare to other US jurisdictions for workplace claims.
| Jurisdiction | Fault rule | Limitation | Workplace page |
|---|---|---|---|
| California · you are here | Pure comparative negligence | 2 years for personal injury; 1 year for medical malpractice (with 3-year repose) | — |
| Alabama | Pure contributory negligence | 2 years from date of injury | AL · workplace → |
| Alaska | Pure comparative negligence | 2 years from date of injury or discovery | AK · workplace → |
| Arizona | Pure comparative negligence | 2 years from date of injury | AZ · workplace → |
| Arkansas | Modified comparative — 50% bar | 3 years for personal injury; 2 years for medical malpractice | AR · workplace → |
| Colorado | Modified comparative — 50% bar | 2 years for personal injury; 3 years for motor vehicle | CO · workplace → |
| Connecticut | Modified comparative — 51% bar | 2 years from date of injury | CT · workplace → |
| Delaware | Modified comparative — 51% bar | 2 years from date of injury | DE · workplace → |
| District of Columbia | Pure contributory negligence | 3 years from date of injury | DC · workplace → |
| Florida | Modified comparative — 51% bar | 2 years from date of injury (was 4; reduced by HB 837) | FL · workplace → |
| Georgia | Modified comparative — 50% bar | 2 years from date of injury | GA · workplace → |
| Hawaii | Modified comparative — 51% bar | 2 years from date of injury | HI · workplace → |
| Idaho | Modified comparative — 50% bar | 2 years from date of injury | ID · workplace → |
Each answer is independently coherent and references the relevant statute or authority document.
Figures on this page are starting points: the US band adjusted for California's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in California. See /methodology, /sources, and /disclaimer.