How to File a Personal Injury Claim in California (2026): 7-Step Process and Deadlines
- Tom Feher, Esq.
Filing a personal injury claim in California involves seven specific steps: (1) get same-day medical treatment, (2) document the scene, (3) report the incident formally, (4) preserve evidence, (5) do not give a recorded statement to the at-fault carrier, (6) consult an attorney within 30 days, and (7) file the lawsuit before the two-year statute of limitations under Code of Civil Procedure section 335.1 expires. Each step affects ultimate case value materially – missing any one creates evidentiary gaps that the defense will exploit during settlement negotiations.
In our practice handling California personal injury claims, the single most important factor in case value is documentation quality. Cases with strong contemporaneous medical records, photographic evidence, and written incident reports routinely settle for three to five times more than equivalent cases relying solely on patient-reported symptoms and delayed treatment.
Key Takeaways
- Statute of limitations: 2 years from injury for personal injury (CCP 335.1), 3 years for property damage (CCP 338), 6 months for public-entity claims (Gov Code 911.2).
- 7-step claim process: medical treatment, scene documentation, formal report, evidence preservation, no recorded statement, consult counsel within 30 days, file before deadline.
- Contingency fees: 33% pre-litigation, 40% after lawsuit filed under Business and Professions Code 6147. Client pays nothing upfront.
- Pure comparative negligence: California allows recovery even when you are partially at fault under Civil Code 1431.2. Damages are reduced by your percentage of fault.
- Uncapped non-economic damages: California does not cap pain and suffering damages outside medical malpractice cases under Civil Code 3333.
Free Case Evaluation for California Personal Injury Claims
If you were injured in California, the clock is already running on your statute of limitations. Call (310) 340-1112 – Available 24/7, no fee unless we win.
California Personal Injury Filing Deadlines (2026)
Different deadlines apply depending on the case type and defendant. Missing any of these deadlines permanently bars the claim under California law.
| Claim Type | Deadline | Statute |
|---|---|---|
| Personal injury (private defendant) | 2 years from injury | CCP 335.1 |
| Property damage | 3 years from damage | CCP 338 |
| Wrongful death | 2 years from death | CCP 335.1 |
| Public entity claim (city/county/state) | 6 months administrative claim required first | Gov Code 911.2 |
| Medical malpractice | 3 years from injury OR 1 year from discovery, whichever first | CCP 340.5 |
| Minors | Tolled until age 18 | CCP 352 |
| Latent injury (discovery rule) | From when injury was discovered or should have been | Case law |
Past results do not guarantee future outcomes. Every case is evaluated on its specific facts under California law.
The Seven Steps to File a California Personal Injury Claim
- Get medical attention immediately. Even if injuries seem minor, soft-tissue, traumatic brain, and internal injuries can delay 24-72 hours. Same-day medical evaluation creates the contemporaneous causation record that protects your claim. California’s discovery rule does not save you from evidentiary gaps – it shifts the limitations clock but does not erase weak documentation.
- Document everything at the scene. Photograph vehicles, hazards, road conditions, visible injuries, license plates, and identifying details. Get names and contact information of witnesses BEFORE they leave. Note lighting, weather, and timeline. Memory degrades quickly – contemporaneous notes are far more credible than retroactive recollections.
- Report the incident formally. For vehicle collisions, file a police report (California Vehicle Code 20002 requires reporting any collision with injury or damage above $1,000). For premises injuries, request a written incident report from the property owner. For workplace injuries, file Form DWC-1. Verbal reports often disappear; written reports preserve the record.
- Preserve all evidence. Don’t repair vehicle damage, discard damaged clothing, or dispose of contaminated property until counsel has reviewed it. Save all medical records, billing statements, prescriptions, and discharge instructions. Keep a written log of symptoms, treatment, and time missed from work. The defense will request this documentation through discovery; having it organized from day one strengthens the case.
- Do NOT give a recorded statement to the at-fault carrier. Recorded statements are engineered to lock in narrow facts that limit the carrier’s liability exposure. California law does not require you to participate. Politely decline and refer the request to your own carrier or attorney. Statements made before counsel review can permanently damage case value.
- Consult a California personal injury attorney within 30 days. Evidence quality degrades quickly. Witness memory fades. Surveillance footage gets overwritten. Insurance carriers begin building defense files immediately. Counsel within 30 days preserves the case at full value and prevents premature settlement on undervalued offers. California attorneys work on contingency under Business and Professions Code 6147 – you pay nothing unless we win.
- File the lawsuit before the statute of limitations expires. California personal injury claims must be filed within two years under Code of Civil Procedure section 335.1. Property damage claims have three years under CCP 338. Public-entity claims require a six-month administrative claim under Government Code 911.2. Missing the applicable deadline permanently bars the claim. Most cases settle before trial but filing preserves all options.
Were You Injured in California?
The 7-step claim process starts the day of the injury. Each step matters. Call (310) 340-1112 – Available 24/7, no fee unless we win.
Damages You Can Recover in a California Personal Injury Claim
Economic damages: Medical expenses (current and future), lost wages, lost earning capacity (for permanent impairment), property damage, transportation costs, and out-of-pocket expenses related to the injury.
Non-economic damages: Pain and suffering, emotional distress, loss of enjoyment of life, scarring and disfigurement, loss of consortium for spouses. California does not cap non-economic damages outside medical malpractice cases under Civil Code section 3333.
Punitive damages: Available under Civil Code section 3294 when the defendant’s conduct constitutes malice, oppression, or fraud. DUI driving routinely satisfies the malice element. Documented prior knowledge of a hazard with conscious disregard can also qualify.
Future damages: Future medical care, future lost earnings, future pain and suffering for permanent injuries. Calculated using life-care planning experts, vocational economists, and treating physician projections.
Insurance Carriers and Settlement Strategy
California insurance carriers follow predictable patterns in personal injury claims. Understanding these patterns is the difference between accepting an undervalued offer and recovering full case value.
Initial offer: Typically 20-40% of true case value. The carrier knows most unrepresented claimants need immediate help with medical bills and lost wages. Quick offers are designed to close cases before claimants understand their full damages.
Recorded statement requests: Designed to lock in narrow facts the carrier can use to limit liability. Common tactics: asking leading questions about pre-existing conditions, asking about prior accidents, asking about activities since the injury.
Medical records release authorizations: Carriers routinely send broad authorizations that grant access to ALL medical records, not just records related to the current injury. Signing a broad authorization gives the carrier ammunition to dispute causation.
Delay tactics: Carriers may delay claim processing hoping the claimant’s financial pressure forces acceptance of a low offer. California’s Fair Claims Settlement Practices Regulations impose specific timeline obligations on carriers, and bad-faith claims can produce damages beyond the underlying tort claim.
Reserve setting: Carriers internally set financial reserves on each claim based on initial assessment. Once a reserve is set, increasing it requires internal justification. Strong demand letters with full damages documentation force higher initial reserves and higher settlement offers.
What to Expect When You Work With Feher Law
- Free initial consultation. We review the incident facts, medical records, applicable deadlines, and insurance coverage. No obligation, no fee.
- Case investigation. We collect the police report, full medical records, witness statements, surveillance footage, and expert opinions. Costs advanced by the firm.
- Demand and negotiation. Formal demand letter to the at-fault carrier with full damages quantification. We negotiate against the carrier’s opening offer.
- Litigation if needed. If the carrier refuses fair value, we file suit in California Superior Court. Tom Feher has tried more than 50 jury trials to verdict.
- Resolution and recovery. Settlement funds distributed after case costs and contingency fee. You pay nothing unless we win.
Why California Personal Injury Clients Choose Feher Law
Thomas Feher, Esq. founded Feher Law APC in 2019. He has tried 50+ jury trials to verdict, holds an Avvo Rating of 10.0, and has been named Super Lawyers 2022-2026. Tom is a Board Member of the Brain Society of California. The firm’s case results include the $14.6M Simone v. Estate of Bruce Jameson catastrophic spine verdict and total recoveries exceeding $150 million for California clients. We focus on getting cases to trial-ready posture early, which extracts higher settlement value from carriers who price their offers based on whether the lawyer will actually try the case.
Ready to File Your California Personal Injury Claim?
We handle every step from medical records to settlement. You pay nothing unless we win. Call (310) 340-1112 – Available 24/7, no fee unless we win.
Frequently Asked Questions
California's personal injury statute of limitations under Code of Civil Procedure section 335.1 gives you two years from the date of injury to file a lawsuit. Property damage claims have three years under CCP section 338. Public-entity claims require a six-month administrative claim under Government Code section 911.2. Minors' claims are tolled until age 18 under CCP section 352.
California follows pure comparative negligence under Civil Code section 1431.2. You can recover even if you were 99% at fault, with damages reduced by your percentage of fault. This is much more favorable than the "modified comparative negligence" rule in many other states (which bars recovery above 50% fault).
Hiring a California personal injury lawyer at Feher Law costs zero upfront. We work on contingency under Business and Professions Code section 6147. Standard rates are 33% pre-litigation and 40% after a lawsuit is filed. We advance all case costs including investigation, experts, and depositions. If we don't win, you owe nothing.
Almost never. Initial offers from California insurance carriers are typically 20-40% of true case value. The carrier knows unrepresented claimants need immediate help with medical bills and lost wages. Once you sign a release, it permanently extinguishes any claim, including for injuries that surface later. Consult counsel before signing anything.
No. California law does not require you to give a recorded statement to the at-fault party's insurance carrier. Recorded statements are designed to lock in narrow facts that limit the carrier's liability. Politely decline and refer the request to your own carrier or attorney.
Economic damages: medical expenses, lost wages, lost earning capacity, property damage. Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life. California does not cap non-economic damages outside medical malpractice cases. Punitive damages may be available under Civil Code 3294 when the defendant's conduct constitutes malice, oppression, or fraud.
Most California personal injury cases settle before trial through negotiation, mediation, or pre-trial conference. The trial threat is what produces strong settlements: when defendants know plaintiff counsel will actually try the case, settlement values rise. Tom Feher has tried more than 50 jury trials to verdict, including a $14.6 million catastrophic injury verdict.
Simple cases (clear liability, minor injuries) may settle in 3-9 months. Moderate cases (sustained treatment, disputed liability) typically take 9-18 months. Catastrophic cases requiring life-care planning and extensive expert testimony take 18-36 months. The trade-off is timing vs settlement value: cases that resolve quickly typically resolve for less than cases that go through full discovery and mediation.
Talk to a California Personal Injury Lawyer Today
Feher Law has recovered over $150 million for California clients. Call (310) 340-1112 – Available 24/7, no fee unless we win.
Notable Recent Settlements
Examples of California cases Feher Law has resolved on behalf of clients in personal injury and catastrophic-injury practice areas:
- $14.6M – Catastrophic Spine Injury (Simone v. Estate of Bruce Jameson)
- $9M – Multi-Trauma (Soulliere v. Suzuki Motor of America)
- $7M – Civil Rights Verdict
- $4.2M – Car Accident / Back Injury
Past results do not guarantee future outcomes. Every case is evaluated on its specific facts under California law.
Estimate your case value: Use our free Personal Injury Settlement Calculator for a quick estimate, or contact a Los Angeles personal injury lawyer for a personalized review.
Last reviewed by Thomas Feher, Esq. – May 2026
