California Personal Injury Law

The following summary of California personal injury laws and theories of liability will help you understand important aspects of injury claims in this state.

California Statute of Limitations:

ANY Personal Injury: 2 years
Medical Malpractice: 3 years
Products Liability: 2 years

Caps on Personal Injury Awards in California:

Personal injury awards are based upon the insurance liability policies in existence at the time of the injury.

In addition, in the event of a jury trial, many judges are vested with the authority to reduce verdicts in situations where they feel that the verdict does not adequately compensate or over-compensates a party for his or her injuries.

In the case of Workers Compensation, there are specific guidelines to be followed by adjusters. For this reason, employers who actively employ individuals are required to have worker’s compensation insurance to defray the costs of such injury.

There are caps prescribed by the California Workers Compensation Code that limit the recovery of an injured employee depending on the circumstances.

Find a California Personal Injury Attorney

California Serious Injury Threshold:

There is no serious injury threshold in the state of California. Personal injuries are divided into three main categories which determine whether the “threshold” has been met:

1. Intentional (where someone intended the injury that occurred);
2. Negligence (where by the want of ordinary care an injury occurs); and
3. Strict Liability (where an individual is liable whether the conduct was intentional or negligent).

Personal Injury Claims & Theories of Liability in California:

The following requirements establish the prima facie (at first glance) case for negligence:

First, there must be a duty owed to another.

Second, that duty must have been breached in some way or another.

Third, that breach must be both the actual and proximate cause of injury; and

Fourth, there must be some degree of damages (i.e. loss which is typically medical but can also be accompanied by financial loss such as a vehicle damage or lost wages).

Negligence cases…

Wrongful Death: This is clearly the most extreme of the category, as a death occurs due to the negligence of another. Under common law, it was believed that the claim of the victim died with them.

Under current California personal injury law however, the claim can be pursued by the victim’s survivors such as a spouse, child, parent or anyone else who would have inherited under the victim’s estate.

Slip and Fall: These injuries typically occur in public establishments such as restaurants and retail stores when an individual is walking and one foot slips out from under the other, usually due to a condition on the floor such as water or a spill that is not properly identified with markers or signs.

Auto Accidents: Many people are injured due to the negligence of others while driving. These cases range from the classic fender bender resulting in soft tissue injuries to extreme cases of traumatic injury and sadly, some transition into wrongful death categories.

Premises liability: Injuries that occur on the property of another fall under the category of premises liability. Typically, these cases fall within the negligence theory.

Medical Malpractice: The duty of a doctor is viewed in light of other similarly situated doctors in their community. When assessing breach, one must ask whether the doctor exercised that degree of care and skill normally exercised by a physician of like experience and education in the community.

These cases are extremely difficult to prove as medical decisions are hard to challenge so long as other doctors would have made the same or similar decisions.

Strict Liability Injuries...

Product liability: This is the area of law where those who make products (manufacture, distribute and supply products) are liable to those who are injured as a result of the products. While products liability also falls into the negligence category, the vast majority are found strictly liable.

Dog Bites: There is no longer a “one free bite” rule in California personal injury law which allowed a dog to actually bite someone before liability arose. Now there is a zero tolerance for dog bites and California has made this category a strict liability offense - holding the dog owner liable regardless of whether the owner was careless or not.

Workers' Compensation: If an employee is injured during the scope of employment, his employer will be liable to compensate the injured party for the injury. Because there are statutes in play that hold an employer liable, worker’s compensation claims could be viewed in the strict liability sense.

Intentional Torts: Any of the above-listed injuries that an injured plaintiff proves was intentional.

For More Information Check out these sites:

California Department of Insurance

California Department of Industrial Relations

Return from California Personal Injury Law to all Personal Injury Laws

Return from California Personal Injury Law to Personal Injury Claims

The accuracy of information on this site is not guaranteed. Information on this site is strictly opinion and should not be considered formal legal advice. Under no circumstances should the information on this site be used to make decisions about the proper course of a legal matter. Click below to read our full User Agreement, Disclaimer and Copyright Information.

Ask an Attorney a Question for FREE!