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Last Modified on May 02, 2026
If you or a family member is injured by another party’s negligence, you are likely eligible to file a personal injury case and claim compensation for the damages you suffered. If you find yourself in this situation, you’re likely to have many questions about how personal injury lawsuits work in California, and an experienced attorney can provide invaluable guidance as you start building your case.
Understanding California Personal Injury Laws
A “personal injury” occurs whenever one party’s actions result in physical harm and/or economic loss to another party. Personal injuries most commonly result from negligence, which can be defined as a failure to exercise reasonable care or a failure to fulfill a specific duty of care in a given situation. For example, every driver has a duty of care to operate their vehicle attentively, and texting while driving is a direct breach of this responsibility.
According to the California Department of Public Health, accidents account for a large percentage of the hospitalizations reported statewide each year. In 2024, there were 169,920 hospitalizations for falls, 17,422 hospitalizations for car accidents, and 5,330 hospitalizations for motorcycle accidents statewide. Vehicle accidents, falls, workplace accidents, and acts of violence are leading causes of personal injuries in California.
Falls may lead to premises liability claims against property owners if they result from negligent care of a property, and motor vehicle collisions are a leading cause of personal injuries in California and throughout the US every year. If you are unsure whether you have grounds for a personal injury case, you must first determine whether another party could be responsible for causing your injury. If so, you should hire a personal injury lawyer to help you build a case.
Claiming Damages in a California Personal Injury Case
The main goal of a personal injury case is for the injured plaintiff to obtain the compensation they need to recover from the injury the defendant caused. The plaintiff must not only establish fault for the injury they suffered, but also prove the full extent of the resulting economic loss and the plaintiff’s non-economic damages, which may be difficult to prove.
For example, if you were hurt in a car accident caused by a negligent driver, you may be eligible to claim compensation for the cost of repairing your vehicle, the medical expenses you incurred from the accident, and the income you were unable to earn during your recovery. Additionally, you would likely have standing to claim compensation for the pain and suffering you experienced.
In some personal injury cases, liability is shared among multiple parties. California enforces a pure comparative negligence law, so when multiple parties share fault for a personal injury, each liable party is assigned a fault percentage. If you contributed to causing your own damages, you can still recover compensation from the defendant, but the fault percentage assigned to you will be the percentage taken from your case award to reflect your shared liability.
Ultimately, every personal injury case is different, and while all personal injury cases are subject to similar procedural rules in California, every injured plaintiff needs to hire a personal injury lawyer who can address their individual needs and concerns. MM Law, APC is ready to provide guidance and support after you or a family member’s personal injury, so reach out to our firm as soon as possible to learn how we can help with your recovery.
FAQs
How Do You Prove Negligence in a California Personal Injury Case?
To prove negligence in a California personal injury case, a plaintiff must prove that the defendant had a duty of care in the situation in question, breached that duty of care in some way, and directly harmed the plaintiff as a result of this breached duty. Additionally, the plaintiff must prove causation for their claimed damages, meaning they need to show that those damages directly resulted from the defendant’s negligence and did not occur from any other cause.
What Is the Value of a Personal Injury Case in California?
The value of a personal injury case in California varies based on multiple factors. The goal of a personal injury case is for the plaintiff to obtain the compensation they need to recover as fully as possible from the harm done by the defendant. Many plaintiffs are eligible to seek repayment of property damage, medical bills, lost wages, lost earning capacity, and pain and suffering.
How Does a Plaintiff Calculate Pain and Suffering in a Personal Injury Case?
In a personal injury case, a plaintiff can calculate pain and suffering based on several factors. Primarily, the scope and severity of the injury and the plaintiff’s expected recovery time are the most important factors. A plaintiff’s attorney may seek an amount based on the total of their economic losses, or they may seek compensation with a “per diem” calculation that awards compensation for every day the plaintiff spends in recovery.
How Long Do You Have to File a Personal Injury Claim in California?
You have two years to file a personal injury claim in California in most cases. This statute of limitations begins on the date your injury occurred or on the date you discovered the injury or should have discovered it with reasonable diligence. This may sound like more than enough time to file your case, but it may take longer than you expect to gather the evidence needed to establish liability for your damages.
Why Do I Need to Hire a Personal Injury Lawyer?
You need to hire a personal injury lawyer because you are significantly more likely to prove liability and recover appropriate compensation for your damages with an attorney handling your case. Even when liability for your personal injury appears obvious, you could encounter many unexpected challenges as your case unfolds. Additionally, you risk accepting less compensation than you legally deserve if you attempt to resolve your case on your own.
Maralle Messrelian of MM Law is ready to assist you with every stage of your legal proceedings after you or a loved one has suffered a personal injury because of another party’s negligence or misconduct. Anyone facing a personal injury claim is likely to have many difficult legal questions about their situation, and our team is ready to provide guidance and support for your case. Contact us today to schedule a free consultation with a California personal injury attorney.
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