California Personal Injury & Wrongful Death: Act Now

Why Acting Now Matters

California personal injury and wrongful death claims are governed by strict time limits and procedural rules. Waiting can jeopardize your ability to recover compensation, and important evidence such as surveillance footage, eyewitness recollections, vehicle data, or accident-scene conditions can be lost quickly. Early legal guidance helps preserve proof, identify liable parties, and communicate with insurers without compromising your claim.

Personal Injury Claims: Key Steps

• Get medical attention promptly and follow your treatment plan.
• Preserve evidence: photos, video, damaged property, clothing, and medical records.
• Identify witnesses and collect contact information.
• Notify your insurers promptly and be cautious with written or recorded statements.
• Consult counsel early to assess liability, damages, and deadlines, including any special notice rules for claims against public entities.

Wrongful Death Claims: What Families Should Know

California allows eligible heirs and certain dependents to seek compensation when a death is caused by another’s wrongful act or negligence. See Code Civ. Proc. § 377.60 regarding who may bring a wrongful death claim. Potential recovery may include economic and certain non-economic losses permitted by law. Because these cases involve unique standing, damages, and procedural requirements, timely evaluation is critical, especially where public entities or medical providers may be involved.

Claims Against Government Entities

Special rules apply when the at-fault party is a state, county, city, school district, or other public entity. Generally, a written administrative claim must be presented to the appropriate government agency before a lawsuit for money or damages can be filed in court. See Gov. Code § 945.4. The presentation deadline is short, often six months for claims relating to injury or death. See Gov. Code § 911.2(a). A rejected claim triggers additional, typically six-month, filing deadlines for court actions. See Gov. Code § 945.6. The claim must also include required information. See Gov. Code § 910. Missing these steps can bar a later lawsuit.

Evidence Preservation and Investigation

• Send preservation letters to at-fault parties and insurers to safeguard key evidence (e.g., surveillance video, vehicle data, maintenance logs).
• Secure police or incident reports and, when available, traffic or surveillance camera footage.
• Document injuries and recovery with consistent medical records and a brief journal.
• Consider experts for collision reconstruction, premises safety, product defects, or medical causation as appropriate.
• Courts may impose discovery or evidentiary sanctions for spoliation or misuse of discovery. See Code Civ. Proc. § 2023.030 and adverse inferences under Evid. Code § 413.

Dealing With Insurance

Insurers may seek to minimize payouts or resolve claims quickly. Before giving written or recorded statements or signing releases or broad medical authorizations, review your rights. Early counsel can handle communications, evaluate settlement offers, and help avoid inadvertent admissions.

Common Damages in California

Depending on the facts and governing law, recoverable damages may include medical expenses, lost income and earning capacity, property damage, and pain and suffering. In wrongful death matters, recoverable losses can include the financial support the decedent would have provided and certain non-economic damages available to eligible heirs. Availability and scope of damages depend on the specific claim, parties, and defenses.

Quick Checklist

Deadlines and Variability

California law imposes filing deadlines for personal injury and wrongful death claims, and some matters such as those involving public entities or professional negligence can have different or additional requirements. Examples include:

• Most personal injury and wrongful death claims: typically two years. See Code Civ. Proc. § 335.1.
• Medical malpractice: typically the earlier of one year after discovery or three years after the injury, subject to statutory exceptions. See Code Civ. Proc. § 340.5.
• Claims against public entities: present a government claim within short time limits (often six months for injury or death claims), and follow post-rejection court filing deadlines. See Gov. Code § 911.2 and Gov. Code § 945.6.

Because timelines can vary based on the facts, the identity of the defendant, and other statutes, consult an attorney promptly to determine which deadlines apply to your situation.

FAQ

How long do I have to file a personal injury lawsuit in California?

Generally two years from the date of injury, but exceptions apply. Confirm your specific deadline as soon as possible.

Do I need to file a government claim first?

If a public entity is involved, you typically must file an administrative claim within a short period (often six months) before going to court.

Should I talk to the other driver’s insurer?

Be cautious. Consider consulting an attorney before giving recorded statements or signing authorizations.

What if I may be partially at fault?

California follows comparative fault. Your recovery may be reduced by your percentage of fault but is not automatically barred.

How We Help

• Rapid case assessment and deadline mapping
• Evidence preservation and investigation
• Claim and litigation strategy tailored to your goals
• Communication with insurers and defendants
• Negotiation, mediation, and trial readiness

Next Steps

If you believe you have a personal injury or wrongful death claim in California, contact our team as soon as possible. A short, no-obligation consultation can clarify your options and help protect your rights while key evidence is secured.

Last reviewed: 2025-09-12