1. Statutory Deadlines and Pre-Litigation Notice Rules
Personal injury claims generally must be filed within two years under California Code of Civil Procedure (CCP) § 335.1. The period ordinarily begins when the claim accrues, although statutory and discovery-rule exceptions may affect the deadline.
Claims against Public Entities
California Government Code § 911.2 generally requires an administrative claim for personal injury to be presented within six months after accrual. The public entity ordinarily has 45 days to act, subject to applicable extensions. If it sends a legally sufficient written rejection notice, Government Code § 945.6 generally allows six months to file suit.
A different filing period may apply when the entity does not provide the required written notice. The administrative claim and subsequent court complaint are separate procedural steps. A claim against a public employee may also require analysis under the Government Claims Act.
Tolling and Latent Injuries
CCP § 352 may toll certain limitations periods when the injured person is a minor or lacks legal capacity. Statutory exceptions limit tolling in some claims, including medical negligence actions. For latent injuries, the discovery rule may delay accrual until the plaintiff knows or reasonably suspects injury caused by wrongdoing.
2. Court Filing Procedures, Service, and Venue
A civil action begins by filing a complaint in the appropriate Superior Court. The plaintiff must identify the legal claims, relevant facts, defendants, and requested relief before arranging service.
Complaint, Summons, and Filing Documents
Initial filings generally include a complaint, Summons (SUM-100), and Civil Case Cover Sheet (CM-010). Plaintiffs may use Complaint–Personal Injury, Property Damage, Wrongful Death (PLD-PI-001) with appropriate cause-of-action attachments. Filing fees, fee-waiver eligibility, electronic filing, and local requirements depend on the court and case.
Under CCP § 395, venue for an injury action generally includes the county where the injury occurred or where a defendant resides when the action begins. Jurisdiction and venue are separate questions. The court may transfer an action filed in an improper county.
Service of Process and Case Management
California Rules of Court, rule 3.110 generally requires service on named defendants and filing of proof within 60 days after the complaint is filed. The court may modify that period under the rule. CCP § 583.210 establishes a separate three-year statutory service deadline, subject to applicable exceptions.
For covered general civil cases, rule 3.721 requires case management review within 180 days after filing. Parties generally file and serve a Case Management Statement (CM-110) at least 15 calendar days before the scheduled conference or review. The court's notice determines the actual conference date and attendance requirements.
3. Statutory Limits and Recovery Categories
Recoverable damages depend on the injury, supporting evidence, and applicable law. Economic damages address financial loss, while non-economic damages address harms such as pain and suffering. Punitive damages require a separate statutory showing.
| Damage Category | Legal Basis | Limits and Conditions |
|---|---|---|
| Economic Damages | Applicable tort law | No general statutory cap; financial losses require proof. |
| General Non-Economic Damages | Applicable tort law | No general cap in ordinary negligence actions; specific statutes may limit recovery. |
| Medical Negligence Non-Economic Damages | Cal. Civ. Code § 3333.2 | MICRA caps increase annually and differ for injury and wrongful death claims. |
| Punitive Damages | Cal. Civ. Code § 3294 | Clear and convincing evidence of malice, oppression, or fraud is required. |
Economic damages include supported medical expenses, lost earnings, and reduced earning capacity. Medical negligence claims have separate MICRA limits on non-economic damages, with the applicable amount determined by the statutory year and claim category. A Medical Malpractice Litigation claim also requires review of rules specific to professional negligence.
Collateral Sources and Reimbursement Claims
Insurance payments do not automatically eliminate a defendant's liability, but the collateral source rule has statutory exceptions. Under Howell v. Hamilton Meats & Provisions, Inc. (2011), past medical expenses generally cannot exceed amounts paid or still owed for accepted services. Medical negligence actions require separate review of Civil Code § 3333.1.
Providers and insurers may assert liens or reimbursement rights under applicable statutes or agreements. The existence and amount of each claim require separate examination before settlement proceeds are distributed.
4. Fault Allocation and Multi-Defendant Liability
California applies pure comparative fault under Li v. Yellow Cab Co. (1975). A plaintiff's recoverable damages generally decrease according to the percentage of fault assigned to that plaintiff.
Proposition 51 and Settlement Credits
Under Civil Code § 1431.2, responsible defendants generally remain jointly and severally liable for economic damages. Each defendant is severally liable for non-economic damages according to its allocated fault. The distinction affects recovery when multiple parties contributed to an injury.
CCP § 877.6 provides a procedure for determining whether a settlement was made in good faith. A qualifying determination bars specified equitable indemnity and contribution claims against the settling party. Settlement credits against economic damages depend on the portion attributable to economic loss rather than an automatic deduction of the entire settlement.
5. Identifying Named Parties and Preserving Evidence
The complaint should identify parties with a legally supported connection to the alleged injury. Corporate status alone does not establish an officer's or shareholder's personal liability, although direct tort liability or alter ego principles may apply.
Corporate Parties and Individual Liability
Alter ego liability requires a unity of interest and ownership, together with an inequitable result if the entity's separate status is respected. Corporate formalities, financial arrangements, and capitalization may be relevant. Corporations Code § 316 concerns specified director liability for improper corporate distributions, not general personal injury oversight.
Evidence Preservation and Discovery
Medical records, photographs, witness information, incident reports, and electronic records may support the allegations. Relevant information should be preserved when litigation is reasonably foreseeable. Civil Litigation Evidence may also involve records held by businesses, insurers, or third parties.
Discovery sanctions depend on the applicable rule, conduct, and resulting prejudice. CCP § 2023.030 authorizes specified sanctions for misuse of discovery, subject to statutory requirements. Loss of evidence does not automatically establish liability or require dismissal.
6. Evaluating the Claim before Filing
Before filing, plaintiffs should compare the available evidence with the elements of each proposed claim. A Personal Injury Attorney may review the parties, limitations periods, damages, and applicable procedural requirements without determining the eventual outcome.
Filing begins the court process rather than resolving liability. Subsequent Civil Litigation may involve responsive pleadings, discovery, motions, settlement discussions, and trial preparation.
7. Frequently Asked Questions
What is the deadline to sue a government entity in California?
A personal injury claimant generally must present an administrative claim within six months after accrual under Government Code § 911.2. If the entity sends a legally sufficient written rejection notice, a six-month lawsuit deadline generally follows under § 945.6. Different rules may apply when proper written notice is absent.
How does Proposition 51 affect non-economic damages?
Civil Code § 1431.2 generally limits each defendant's non-economic liability to its allocated percentage of fault. Economic damages follow different joint and several liability rules. Settlement credits require separate analysis.
Can an injured plaintiff recover damages when partly at fault?
California's pure comparative fault rule generally permits recovery despite partial responsibility. The plaintiff's award is reduced by the assigned percentage of fault. Other defenses and statutory limitations may still affect the claim.
What happens if evidence is lost before a complaint is filed?
The effect depends on when preservation duties arose, how the evidence was lost, and whether the loss prejudiced another party. Discovery sanctions may be available when statutory requirements are satisfied. Missing evidence may also affect the ability to prove a claim.
29 Sep, 2026
