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California Personal Injury

California Personal Injury Laws

In This Section:

California personal injury law has a few state-specific differences than other states. Below are the most common personal injury laws in the state of California. Understanding your compensation rights and getting the help of an attorney is your first step towards filing a successful California personal injury claim.

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California Statute of Limitations

(How long do I have to file claims in California?)
The California statute of limitations for filing personal injury claims is 2 years. California's medical malpractice statute of limitations is 3 years. And for product liability claims in California, 2 years. These statutes for California claims are subject to change, contact a California injury attorney for definitive statutes at the time of your accident or injury.

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Car Accident in California?

California = Fault State
The "fault state" accident rule is specifically for vehicle accident cases in California. This basically means that the insurance company/adjuster usually pays according to who is at fault.

California is a Pure Comparative State

Being that California follows the comparitive negligence rules, if you feel a party was responsible for any percentage of your injuries at all, you could sue for that percentage of damages. A California injury attorney can help you understand the finer details of comparative negligence.

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Are there Damage Caps in California Injury Law?

(How much compensation can I get?)
In the Medical Injury Compensation Reform Act (MICRA) of 1975, the cap for non-economic damages like in California malpractice cases is $250k. General personal injury caps on awards all depend on insurance policies on liability at the time of the accident or injury. Workers Compensation is also capped to limit amounts collected from hurt and injured employees. When trying to sue for pain and suffering, California has no serious injury threshold. Speak to an attorney for more information on thresholds.

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