California Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps

A lawsuit for injury to a person (for example, accidents, assault, battery, or negligent or intentional infliction of emotional distress) must generally be filed within 2 years from the date of the injury. If the injury was not discovered right away, the time generally starts when it was discovered or should reasonably have been discovered.

A lawsuit for damage to property, such as crashing someone's vehicle, taking personal property (conversion), or trespass, must generally be filed within 3 years from the date the property was damaged.

A lawsuit against a health care provider must be filed within 1 year from the date the patient knew or should have known about the injury, or 3 years from the date of the injury, whichever is earlier. Before suing a health care provider, the patient must give the provider 90 days' notice.

The 2-year deadline for injury to a person also applies to wrongful death lawsuits.

A wrongful death claim can be brought by the person's surviving spouse or registered domestic partner, children and grandchildren of deceased children, or, if there are none, the people who would inherit by intestate succession; by the personal representative on their behalf; by certain dependents (a putative spouse, the putative spouse's children, stepchildren, or parents) if they depended on the person; and by a minor who lived in the household for the 180 days before the death and received at least half of their support from the person.

In medical malpractice cases filed on or after January 1, 2023, non-economic damages (pain, suffering and similar losses) are capped. The caps started at $350,000 for injury cases and $500,000 for wrongful death cases, and rise each January 1 by $40,000 (injury) and $50,000 (death) for 10 years, up to $750,000 and $1,000,000. Separate caps can apply to health care providers, to health care institutions, and to unaffiliated defendants. The cap in effect at the time of judgment, arbitration award or settlement applies.

Punitive damages are allowed in non-contract cases when the plaintiff proves by clear and convincing evidence that the defendant acted with oppression, fraud or malice. An employer is liable for an employee's conduct only if a corporate officer, director or managing agent knew of, authorized or ratified it, or acted with oppression, fraud or malice personally.

Before suing a government agency or its employee, you must first submit a written claim to the agency. A claim for injury to a person or damage to personal property must be submitted within 6 months of the injury; a claim for breach of contract or damage to real estate has 1 year. The agency has 45 days to respond. If it denies the claim, you have 6 months from the date the rejection was mailed to file a lawsuit. If it does not respond, you generally have up to 2 years from the injury to sue. Claims against the State go through the Government Claims Program; claims against cities and counties go to that city or county.

Strict liability. A dog owner is liable for damages to anyone bitten by the dog while in a public place or lawfully in a private place (including the owner's property), regardless of whether the dog was known to be vicious. A person is lawfully on the owner's property when carrying out a legal duty (such as mail delivery) or when invited, expressly or impliedly. There are limited exceptions for police and military dogs.

Minimum liability insurance is $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage (30/60/15). Low-income drivers may qualify for the California Low Cost Automobile Insurance Program.

If anyone is injured or killed in a collision, the driver must report it to law enforcement within 24 hours; an insurance agent, broker, or legal representative may file the report for the driver. The DMV advises calling 911 right away if anyone is hurt. After hitting a parked car or other property when the owner cannot be found, the driver must leave a note and report the collision to law enforcement.

Each driver in a collision must file a Report of Traffic Accident Occurring in California (form SR-1) with the DMV within 10 days if anyone was injured (even slightly) or killed, or if property damage was more than $1,000. This applies whether or not the driver caused the collision and even on private property. The SR-1 is required in addition to any police, CHP, or insurance report; law enforcement will not file it for the driver. An insurance agent, broker, or legal representative may file it. The driving privilege is suspended if a required report is not filed.

A driver in a collision must stop; failing to stop or leaving the scene is a hit-and-run. The driver should call 911 right away if anyone is hurt, move the vehicle out of traffic if no one is hurt, and show their driver license, vehicle registration, insurance information and current address to the other driver, any officer, and anyone else involved. If the driver hits a parked car or other property and cannot find the owner, they must leave a note with name, phone number and address securely attached, and report the collision to law enforcement.

Slip and fall / premises liability: California uses one reasonable-care standard for everyone on the property rather than separate invitee, licensee and trespasser duties. A person who owns, leases, occupies or controls property must use reasonable care to keep it reasonably safe, to discover unsafe conditions, and to repair, replace or adequately warn of anything that could reasonably be expected to harm others. To prove an unsafe-condition claim, the injured person must show that a condition created an unreasonable risk of harm, that the owner knew or with reasonable care should have known about it, that the owner failed to fix it, protect against it or warn, and that this was a substantial factor in causing the harm. Claims against public entities follow separate dangerous-condition rules (CACI No. 1100 and following).

Public sidewalks: under California's official jury instructions, an owner or occupier must avoid creating an unsafe condition on the surrounding public streets or sidewalks. The instruction's authorities state the general rule that, absent a statute, an abutting landowner has no duty to maintain the public sidewalk, but an owner who altered a portion of the sidewalk for the sole benefit of the property, for a purpose different from ordinary sidewalk use, must use reasonable care in creating and maintaining that altered portion. A public entity that owns or controls the sidewalk can be liable for a dangerous condition if its employee created the condition or it had actual or constructive notice of the condition long enough to have protected against it.

Claims against a city, county or other government agency: before suing, you must file a written claim with the agency; for a city or county, you contact that city or county to learn how to submit it. A claim for injury to a person or damage to personal property must be filed within 6 months of the injury. The agency has 45 days to respond; if it denies the claim, you have 6 months from the date the rejection was mailed to sue, and if it does not respond, you generally have up to 2 years from the injury to sue. The same Government Claims Act process covers the state and local agencies (state claims go to the Government Claims Program).

Landowners who allow recreational use: under California's recreational-use immunity, an owner is not responsible for harm resulting from someone's entry on or use of the property for a recreational purpose. The owner can still be liable if the injured person proves that the owner willfully or maliciously failed to guard or warn against a dangerous condition, use, structure or activity; that a charge or fee was paid to the owner for permission to enter for recreation; or that the owner expressly invited (rather than merely permitted) the person onto the property.

Motorcycle helmets: according to the California DMV Motorcycle Driver Handbook, all riders and passengers must wear a U.S. DOT-compliant motorcycle safety helmet when riding a motorcycle, motor-driven cycle or motorized bicycle, certified by the manufacturer as meeting Federal Motor Vehicle Safety Standard 218. The handbook does not address reducing damages for not wearing a helmet.

Lane splitting is legal in California. The DMV's California Driver Handbook tells drivers that it is legal to share lanes with motorcycles, known as lane splitting, and never to try to pass a motorcycle in the same lane. The Motorcycle Driver Handbook defines lane splitting (also called lane sharing, filtering or white-lining) as riding between lanes of stopped or slower-moving traffic or moving between lanes to the front of traffic stopped at a light, and warns riders of its risks.

Pedestrian right of way: according to the California Driver Handbook, pedestrians have the right of way in marked or unmarked crosswalks, and drivers must stop at the limit line and let them cross. When a pedestrian is crossing a roadway with or without a crosswalk, drivers must use caution, reduce speed or stop to let the pedestrian finish crossing, and must not pass a vehicle stopped at a crosswalk. Drivers must yield to pedestrians even when the Don't Walk light is flashing. Pedestrians must still follow the rules of the road.

Bicycles: the California Driver Handbook says bicyclists have the same rights and responsibilities as other drivers, must obey traffic signs and signals, ride with traffic, yield to pedestrians, and wear a helmet if under 18. Bicyclists slower than traffic must ride as close as possible to the right curb or edge, with exceptions for passing, left turns, hazards, lanes too narrow to share and one-way roads. A driver who cannot change lanes to pass a bicyclist must allow at least three feet and may not pass until three feet of clearance can be given. Bicyclists may not ride on the sidewalk unless the city allows it.

Uber/Lyft insurance: according to the California Public Utilities Commission, while the app is open and the driver is waiting for a match (Period 1), primary insurance of at least $50,000 per person and $100,000 per incident for death and personal injury and $30,000 for property damage is required, plus at least $200,000 per occurrence of excess coverage. From accepting a ride through the end of the trip (Periods 2 and 3), primary commercial insurance of $1,000,000 is required. Coverage may be maintained by the driver, the TNC or a combination.