Personal Injury

In California, the statute of limitations for medical malpractice is generally three years from the injury or one year from when the plaintiff discovers (or should have discovered) the injury — whichever comes first.

In California, you generally have two years from the date of injury to file a personal injury lawsuit.

In California, the discovery rule pauses the medical malpractice statute of limitations until the patient discovers—or reasonably should have discovered—the injury and its negligent cause, but no later than 3 years from the date of injury.

Yes, you can still recover damages in California even if you were partly at fault — your recovery will be reduced by your percentage of fault under the state’s pure comparative negligence rule.

Yes, California’s Medical Injury Compensation Reform Act (MICRA) caps non-economic damages at $250,000 in medical malpractice cases.

Yes, defendants are jointly liable for economic damages in California, meaning a plaintiff can recover the full amount from any one defendant.

In California, recoverable damages in a wrongful death case include economic losses (e.g., lost financial support, funeral expenses) and non-economic losses (e.g., loss of love, companionship, and moral support) for surviving family members.

Yes, in California you can recover damages for emotional distress without physical injury in certain situations — such as intentional infliction of emotional distress (IIED), negligent infliction of emotional distress (NIED) under limited circumstances, or when tied to a statutory violation.

Yes, you can get punitive damages in a California personal injury case—but only if you prove the defendant acted with oppression, fraud, or malice.

Yes, you can recover future medical expenses in a California personal injury case if they are reasonably certain to be incurred and supported by medical evidence.

Yes, the collateral source rule applies in California: defendants cannot reduce damages owed to plaintiffs based on benefits the plaintiff received from independent sources like insurance.

Yes, in California, you may recover loss of consortium damages if your spouse is injured due to someone else’s negligence or wrongful act.

In California, negligence requires proving the defendant owed a duty of care, breached that duty, and that the breach caused foreseeable harm resulting in damages.

Proposition 51 makes multiple defendants liable only for their share of non-economic damages (like pain and suffering), but still jointly liable for all economic damages (like medical bills).

Yes, in California, a dog owner is strictly liable for injuries caused by their dog's bite, regardless of whether the dog has bitten before or the owner knew it was dangerous.

California does not recognize the traditional attractive nuisance doctrine as a separate legal rule, but landowners may still be held liable for injuries to children under general negligence principles if they fail to guard against foreseeable dangers.

Yes, you can sue a product manufacturer in California for a defective product under strict liability, negligence, or breach of warranty — no need to prove the manufacturer was careless.

Assumption of risk is a legal defense that can completely bar your injury claim in California if you voluntarily and knowingly accepted a known danger. It applies in both express (written or spoken) and implied (based on conduct) forms.

Yes, but California law limits liability for property owners who allow free public recreational use of their land under the Legal Recreation Act.

In California, a property owner owes different duties depending on whether the person is an invitee, licensee, or trespasser — with the highest duty owed to invitees and minimal duty to trespassers.

No, California’s recreational land immunity does not apply if the owner charges a fee for entry or use of the land.

In California, only specific surviving family members — including the deceased’s spouse, domestic partner, children, and certain dependents — may file a wrongful death lawsuit.

A survival action continues the deceased person’s own legal claims (e.g., pain and suffering before death); a wrongful death action compensates family members for their losses after the death. They are separate, distinct claims under California law.

In California, you must file a government tort claim within six months of the incident that caused your injury.

Yes, but only under limited circumstances and with strict procedural requirements — you must file a government claim within 6 months and get it rejected before suing.