Personal Injury Lawsuit in California
Filing a personal injury lawsuit in California is a structured legal process. Understanding the steps, deadlines, and pure comparative fault rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
2 years
Filing Deadline
Pure comparative fault
Fault System
At-Fault
Auto System
$20,000 – $100,000
Avg Settlement
Lawsuit Steps in California
Hire an Attorney
Most personal injury attorneys in California work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate California court. You must file within 2 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under California court rules.
Key California Law Facts
California uses pure comparative negligence established in Li v. Yellow Cab Co. (1975) — injured victims can recover damages even if they are primarily at fault, with the award reduced by their own percentage of negligence.
Personal injury claims must be filed within 2 years under California Code of Civil Procedure § 335.1; claims against government entities require a government tort claim within 6 months of the injury date.
California does not operate as a no-fault auto insurance state; all injury claims follow the traditional at-fault tort system, meaning the responsible party's liability insurance covers medical bills, lost wages, and pain and suffering.