Hurt Advice: California Injury Claims 101 (Deadlines, Fault, and Process)

• ✓California generally allows two years to file a personal injury lawsuit, but many exceptions exist
• ✓California uses pure comparative negligence - you can recover even if partially at fault
• ✓The claims process typically moves from demand to negotiation to settlement (or litigation)
• ✓Insurance minimums in California are often insufficient for serious injuries
• ✓Understanding these basics helps you make informed decisions about your claim

Navigating a personal injury claim in California requires understanding some fundamental rules that govern the process. Terms like "statute of limitations" and "comparative negligence" might sound intimidating, but the concepts are straightforward once explained. This guide covers the essentials every California accident victim should understand - the deadlines that apply, how fault affects your claim, and what the typical claims process looks like. While every situation is unique, this foundation helps you engage with the process more confidently and recognize when professional guidance might benefit your situation.

• ✓Know your deadlines - missing them can permanently bar your claim
• ✓Partial fault does not eliminate your claim in California
• ✓Most claims settle without going to court
• ✓Insurance policy limits often determine practical recovery amounts
• ✓Understanding the process helps you make better decisions

The "statute of limitations" is the time limit for filing a lawsuit. Missing this deadline typically means you cannot pursue your claim in court, which often eliminates your leverage to negotiate. **General California Deadlines:** | Claim Type | General Timeframe | |-----------|-------------------| | Personal injury | 2 years from injury date | | Property damage | 3 years from damage date | | Government entity claims | 6 months to file administrative claim | | Medical malpractice | 1 year from discovery, max 3 years | | Wrongful death | 2 years from death date | **Important Exceptions:** - **Discovery rule:** Sometimes the clock starts when you discover (or should have discovered) the injury, not when it occurred - **Minors:** Different rules may apply for injuries to children - **Government entities:** Much shorter deadlines typically apply - **Tolling:** Certain circumstances can pause the deadline **Note:** These are general guidelines. Your specific situation may have different deadlines. Consulting a qualified professional early helps clarify your timeline.

California follows "pure comparative negligence." This means: **You can recover damages even if you were partially at fault.** Your recovery is reduced by your percentage of fault. For example: - Total damages: $100,000 - Your fault: 30% - Recovery: $70,000 (reduced by your 30%) **How Fault Is Determined:** Fault is not always obvious. Factors considered include: - Traffic laws and who violated them - Physical evidence (skid marks, damage locations) - Witness statements - Police report conclusions - Expert analysis (for complex cases) **Scenario: Comparative Fault in Action** David was speeding (45 in a 35 zone) when another driver ran a red light and hit him. Both drivers share fault. David might be found 20% at fault for speeding, while the other driver is 80% at fault for running the red light. David can still recover 80% of his damages. **What This Means for You:** Do not assume you have no claim because you might have contributed to the accident. California law still allows recovery for the portion that was not your fault.

Understanding insurance helps you recognize what is realistically available. **California Minimum Liability Requirements:** - $15,000 per person for bodily injury - $30,000 per accident for bodily injury - $5,000 for property damage **The Problem with Minimums:** These minimums are among the lowest in the nation. A serious injury can easily exceed $15,000 in medical bills alone. If the at-fault driver carries only minimum coverage, your recovery may be limited. **Protecting Yourself:** - **Uninsured Motorist (UM) coverage:** Protects you if hit by an uninsured driver - **Underinsured Motorist (UIM) coverage:** Applies when the at-fault driver's coverage is insufficient - **MedPay:** Covers medical expenses regardless of fault **Scenario: Coverage Gap** Emily suffered injuries requiring $75,000 in treatment. The at-fault driver had only $15,000 in coverage. Emily recovered that $15,000 plus $50,000 from her own UIM policy. Without UIM coverage, she would have been limited to $15,000.

Most injury claims follow a general path: **Phase 1: Treatment and Documentation (Ongoing)** - Focus on recovery - Document everything - Gather records **Phase 2: Demand (After Treatment Stabilizes)** - Calculate damages - Prepare demand package - Submit to insurance company **Phase 3: Negotiation** - Insurance responds (often with lower offer) - Back-and-forth negotiations - Settlement discussions **Phase 4: Resolution** - **Settlement:** Most claims settle without court - **Litigation:** If negotiations fail, lawsuit may be filed - **Trial:** Rare, but available if needed **Typical Timeframes:** | Phase | Duration | |-------|----------| | Treatment | Weeks to years | | Demand/negotiation | 2-6 months | | Litigation (if needed) | 1-3 years | | Trial (if needed) | Days to weeks | Most claims settle during negotiation. Litigation and trial are tools to use when settlement is not possible at fair value.

Filing a lawsuit does not always mean going to trial. Often, it is a step to: - Preserve your rights before deadlines expire - Access formal discovery processes - Demonstrate seriousness to the insurance company - Move stalled negotiations forward **Reasons Claims Go to Litigation:** - Insurance company denies liability - Significant disagreement on damages - Policy limits insufficient for injuries - Insurance company acting in bad faith - Deadline approaching without resolution **What Litigation Involves:** - Filing complaint in court - Discovery (exchanging information, depositions) - Potential mediation or arbitration - Trial if no settlement reached **The Reality:** Even after a lawsuit is filed, most cases still settle before trial. The litigation process often motivates resolution.

**Claims Against Government Entities** If a government agency or employee caused your injury (car accident with government vehicle, dangerous public property, etc.): - You must typically file an administrative claim within 6 months - Specific forms and procedures apply - Different rules govern these claims **Hit-and-Run Accidents** If the at-fault driver fled: - Report to police immediately - Your UM coverage may apply - Document everything you can about the vehicle **Multiple At-Fault Parties** When several parties share responsibility: - Claims may be made against multiple insurance policies - Each party's proportional fault matters - Coordination becomes more complex **Employer-Owned Vehicles** If someone was working when they caused your accident: - Their employer may share liability - Commercial policies often have higher limits - Different rules may apply

**Misconception: "I have to accept what insurance offers."** Reality: Insurance offers are typically negotiable. First offers are usually low. **Misconception: "I cannot do anything if I was partially at fault."** Reality: California's comparative negligence allows recovery even with partial fault. **Misconception: "Minor injuries are not worth pursuing."** Reality: Even minor injuries can result in legitimate compensation for medical bills, lost wages, and pain. **Misconception: "I will get more if I exaggerate."** Reality: Exaggeration destroys credibility and can tank legitimate claims. **Misconception: "The process takes forever."** Reality: Many claims resolve in months. Complex cases take longer, but not all claims are complex. **Misconception: "Attorneys take everything."** Reality: Contingency fees vary, and a good attorney often recovers more even after fees than you would get alone.

**What happens if I miss the statute of limitations?** Generally, you lose the right to file a lawsuit, which typically means you cannot pursue compensation. This is why understanding your deadline is critical. **Can I reopen a claim after settling?** Usually not. Settlement releases typically include language preventing future claims for the same incident. This is why settling before you understand the full extent of injuries is risky. **What is the difference between a claim and a lawsuit?** A claim is a demand for compensation from an insurance company. A lawsuit is a formal legal action filed in court. Most claims resolve without lawsuits. **Do I need a police report to file a claim?** No, but it helps. You can file insurance claims without police reports, though proving what happened may be more difficult. **What if the insurance company denies my claim?** Denials are not always final. You may be able to appeal, provide additional evidence, or pursue litigation. Understanding why they denied helps determine next steps. **How is fault determined in California?** Through evidence: police reports, witness statements, physical evidence, traffic laws, and sometimes expert analysis. Insurance adjusters and ultimately courts make these determinations. **Can I handle my own claim?** Yes, especially for minor injuries with clear liability. Complex cases with serious injuries often benefit from professional help. **What is bad faith by an insurance company?** When insurers unreasonably deny, delay, or undervalue claims, they may be acting in bad faith. California has laws protecting against this. **Do all injury cases go to trial?** No, the vast majority settle before trial. Trials are relatively rare in personal injury cases.

**Key Deadlines:** - Personal injury lawsuit: Generally 2 years - Government claims: Typically 6 months for administrative claim - Insurance reporting: Check your policy **Fault Rules:** - Pure comparative negligence applies - You can recover even if partially at fault - Recovery reduced by your fault percentage **Minimum Insurance:** - $15,000/$30,000 bodily injury liability - $5,000 property damage - Consider UM/UIM for your own protection **Process Overview:** - Treatment > Documentation > Demand > Negotiation > Resolution

Understanding these California basics helps you navigate your claim more confidently. For personalized guidance on your specific situation, consider a [free case review](/contact). For practical steps to take immediately after an accident, see our [post-accident checklist](/blog/what-to-do-after-accident-checklist). Learn about common mistakes that can hurt your claim in our guide on [how to start an injury claim the right way](/blog/how-to-start-injury-claim-right-way). Visit [HurtAdvice.com](/) for more educational resources and tools.

**Disclaimer** This article is for general informational purposes only and is not legal advice. Every injury claim is different, and laws can change. Consult a licensed attorney for advice about your specific situation. HurtAdvice.com provides educational resources and claim assistance tools - we do not practice law or guarantee any outcomes.