California Personal Injury FAQ

If you’ve been injured because of someone else’s negligence, you deserve clear answers about your rights and options. Law Office of Joseph Richards, P.C. represents accident victims throughout Orange County, Riverside County, San Bernardino County, and all of Southern California. For a free consultation call (888) 883-6588 or contact us online.

→ Injured at work? Also see our California Workers’ Compensation FAQ for questions about job injury claims, QMEs, retaliation, and more.

CAR ACCIDENTS, RIDESHARE & MULTI-VEHICLE CRASHES

What is California’s comparative negligence rule, and how does it affect my injury claim?

California follows a “pure comparative negligence” system under California Civil Code § 1714. Even if you are partially at fault for the accident, you may still recover compensation — but your award is reduced in proportion to your percentage of fault. For example, if you are found 30% at fault and a jury awards $100,000, you would receive $70,000. This rule applies to car accidents, slip and fall cases, and most other personal injury claims. Insurance companies routinely invoke comparative negligence to reduce their payout.

Who is liable for injuries in California Uber and Lyft rideshare crashes?

Rideshare accidents involve multiple potential sources of liability depending on the driver’s status at the time of the crash. Under California Public Utilities Code Section 5433, insurance requirements vary by phase:

• Driver not logged in: Only the driver’s personal auto insurance applies. Uber/Lyft insurance is not triggered.
• Driver logged in, waiting for a ride request: Uber/Lyft provide contingent liability coverage of at least $50,000 per person, $100,000 per accident, and $30,000 for property damage.
• Driver has accepted a ride or has a passenger: Uber and Lyft provide up to $1 million in liability insurance — covering passengers, pedestrians, and other drivers — until the trip ends.

If the at-fault party is uninsured, Uber and Lyft also provide uninsured/underinsured motorist coverage.

Read more: Who’s Liable For Injuries In California Rideshare Crashes?

How is fault determined in a California multi-vehicle accident?

Fault is determined through investigation of police reports, witness statements, traffic camera and dashcam footage, and expert accident reconstruction analysis. Under California’s pure comparative negligence rule (Civil Code § 1714), fault may be divided among multiple parties — each driver is responsible only for their proportionate share, but you may still recover even if you are partly responsible.

Read more: Determining Fault In Multi-Vehicle Accidents In California

Why shouldn’t I settle my personal injury claim without an attorney?

Settling without legal representation carries serious risks: you may accept far less than you are entitled to; you may inadvertently make statements that reduce your claim under Civil Code § 1714; you may sign a full release before understanding the full extent of your injuries; and you may mishandle insurance liens. Once you sign a settlement agreement, it is almost always final. An experienced attorney reviews all evidence, manages lien negotiations, and ensures you do not sign away rights prematurely.

Read more: Never Settle A Personal Injury Claim Without An Attorney

What is a time-limited policy limit demand in California, and how does the new law work?

California Code of Civil Procedure sections 999–999.5 (Senate Bill 1155, effective January 1, 2023) established statutory requirements for time-limited policy limit demands. The demand must be: in writing; labeled a “time-limited demand”; allow at least 30 days for acceptance by email (33 days by mail); clearly demand settlement within policy limits while satisfying all liens; state the loss date and claim number; describe every injury; and provide clear evidence of damages. If an insurer unreasonably refuses to settle within policy limits, bad faith exposure may follow.

Read more: How New California Policy Limit Demand Law Could Impact Personal Injury Cases

What are California’s minimum auto insurance requirements, and what happens if the at-fault driver is underinsured?

Under California Vehicle Code § 16451, all California drivers must carry: $15,000 for injury/death of one person; $30,000 for injury/death of more than one person; and $5,000 for property damage. These minimums are often insufficient for serious injuries. If the at-fault driver’s policy is exhausted, options include: pursuing the driver personally for additional assets; activating your own UM/UIM coverage; or filing a bad-faith claim against the at-fault driver’s insurer.

SLIP & FALL AND PREMISES LIABILITY

How do you prove fault in a California slip and fall accident?

To prove fault in a slip and fall case, you must establish the four elements of negligence (see CACI 400):

1. Duty of care — the property owner owed you a duty to maintain the premises in a reasonably safe condition.
2. Breach of duty — the owner failed to address a hazardous condition (wet floors, uneven surfaces, poor lighting, loose carpeting, debris in walkways).
3. Causation — the breach directly caused your fall and resulting injuries.
4. Damages — you suffered actual harm: medical expenses, lost wages, pain and suffering.

Property owners owe the highest duty of care to invitees (store customers), a lesser duty to licensees (social guests), and a limited duty to trespassers. Evidence through photographs, witness testimony, surveillance footage, and maintenance records is critical.

Read more: How To Prove Fault In A California Slip And Fall Accident

What types of compensation can I recover in a California slip and fall case?

Victims may recover: medical expenses (current and future); lost wages and diminished earning capacity; pain and suffering; emotional distress; and diminished quality of life. California’s comparative negligence rule reduces your recovery by any percentage of fault attributed to you — but you are not barred entirely. The statute of limitations is generally two years from the date of the accident under California Code of Civil Procedure § 335.1.

DAMAGES, SETTLEMENTS & WRONGFUL DEATH

How are California personal injury settlements determined?

Settlements depend on: (1) liability — who is at fault under Civil Code § 1714; (2) extent of injuries — severity, medical costs, lost wages, and permanent impairment; (3) insurance coverage available to the at-fault party; (4) pain and suffering — typically estimated by a multiplier of 1–5 applied to economic damages; (5) punitive damages in cases of extreme negligence or intentional misconduct; and (6) the strength of legal representation.

Read more: How California Personal Injury Settlements Are Determined

How is pain and suffering calculated in a California personal injury case?

There is no fixed formula — pain and suffering is subjective and often determined by a jury. Common methods include: a multiplier (1.5x–5x) applied to total economic damages; a per diem rate for each day of pain; or a cost-benefit analysis. There is no universal cap on pain and suffering in California personal injury cases. However, most medical malpractice cases are subject to a $350,000 pain and suffering cap, raised annually under Assembly Bill 35. Uninsured drivers are generally barred from recovering pain and suffering damages against insured drivers.

Read more: Proving Pain, Suffering, and Mental Trauma in a Personal Injury Case

How difficult is it to prove wrongful death in California?

In California, wrongful death is the death of a person caused by the negligence, recklessness, or intentional misconduct of another party. To prove wrongful death, plaintiffs must establish:

5. The defendant owed a duty of care to the deceased.
6. The defendant breached that duty.
7. The breach was the proximate cause of the death.
8. Surviving family members suffered quantifiable damages (funeral expenses, loss of financial support, loss of companionship).

Eligible plaintiffs include the surviving spouse or domestic partner, children, and dependent minors who lived with the deceased. California’s comparative fault laws may reduce recovery if the deceased was partially responsible. The statute of limitations for wrongful death is generally two years from the date of death. California also allows joint and several liability when multiple defendants share fault.

Read more: How Difficult Is It To Prove Wrongful Death In California?

STATUTES OF LIMITATIONS & FILING DEADLINES

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

Under California Code of Civil Procedure § 335.1, most personal injury claims must be filed within two years from the date of the injury. For claims against a government entity (city, county, or state agency), the deadline can be as short as six months from the date of injury, and a government tort claim must be filed before any lawsuit.

Read more: California Statute Of Limitations For Personal Injury

Are there circumstances where the statute of limitations can be extended?

Yes. The California statute of limitations may be tolled (paused) or its start date delayed in limited circumstances:

• Plaintiff is a minor: The limitations period generally does not begin until the minor turns 18.
• Mental incapacity: The clock may not start until capacity is regained.
• Delayed discovery: If the injury was not immediately apparent, the limitations period may run from the date of discovery.
• Defendant left California: The limitations period may be tolled until the defendant reenters California.

These exceptions are narrow. Do not assume one applies to your case without consulting an attorney.

Can I still recover compensation if I was partly at fault for my accident?

Yes — in both personal injury and workers’ compensation cases. For personal injury, California’s pure comparative negligence rule (Civil Code § 1714) allows recovery even if you were partially at fault — your damages are simply reduced by your percentage of fault. For workers’ compensation, the system is a no-fault system under Labor Code § 3600 — your own negligence does not bar recovery (with narrow exceptions for willful misconduct or intoxication). For workers’ comp filing deadlines, see our Workers’ Compensation FAQ.

Last updated: May 2026 | Always consult with an experienced California personal injury attorney for advice specific to your case. This document is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship.