California Personal Injury FAQ Guide: 20 Questions Answered by Legal Experts
If you’ve been injured in California — whether in a car crash on the freeway, a slip-and-fall at a local store, or another type of accident — the legal process can feel overwhelming. Victims often wonder how much their case is worth, how long it will take, and whether they even have a claim.
To help, here are 20 of the most frequently asked questions about California personal injury law, answered in plain English with real-world examples.
1. What types of cases does a California personal injury lawyer handle?
Car accidents, motorcycle crashes, truck accidents, pedestrian injuries, bicycle collisions, slip-and-fall claims, dog bites, defective product cases, wrongful death, and even sexual abuse lawsuits. Not every attorney handles all categories, so check their practice areas before hiring.
2. What damages can I recover in a personal injury settlement?
Typical settlements include:
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Medical bills (past and future)
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Lost wages and reduced earning capacity
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Pain and suffering
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Property damage
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Emotional distress
In catastrophic injury cases, damages can reach millions.
3. What if I don’t have car insurance in California?
Uninsured drivers can still recover economic damages (medical bills, lost wages, property damage). But under Proposition 213, they cannot claim pain and suffering unless the at-fault driver was convicted of DUI.
4. What is the minimum auto insurance required in California?
A 15/30/5 policy:
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$15,000 per person for bodily injury
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$30,000 per accident total for bodily injury
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$5,000 for property damage
These limits are often inadequate for serious accidents.
5. What if the at-fault driver has no insurance?
Your Uninsured/Underinsured Motorist Coverage (UM/UIM) kicks in — but only if you purchased it. Without UM/UIM, you may not have a case.
6. How is compensation divided if multiple people are injured in one accident?
Insurance carriers evaluate each victim’s injuries and assign settlement amounts proportionally. Severe injuries usually receive larger portions of the available coverage.
7. What’s the difference between pre-litigation and litigation?
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Pre-litigation: Your lawyer negotiates with the insurer before filing a lawsuit.
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Litigation: A lawsuit is formally filed, and the case may proceed to trial.
Many claims settle in pre-litigation, but stubborn insurers force litigation.
8. How much money can I expect to recover?
It depends on:
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Policy limits
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Severity of injuries
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Liability evidence
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Medical treatment timeline
California juries are unpredictable, which is why lawyers rarely give upfront estimates.
9. Is a personal injury settlement taxable in California?
No. Personal injury settlements are generally not taxable as income. Exceptions: portions allocated to punitive damages or interest may be taxed.
10. What if it’s my word against the other driver’s?
Police reports and witness statements are critical. Without them, insurers may deny liability. Accident reconstruction experts can also testify to strengthen your claim.
11. Can I still have a case if I delayed medical treatment?
Yes, but it complicates things. Insurers will argue your injuries weren’t serious. Prompt treatment creates a strong paper trail that supports your claim.
12. How long will my personal injury case take?
Anywhere from a few months to several years.
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Minor accidents: 3–9 months
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Serious injury cases: 1–3 years
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Complex litigation: 3–5 years
Your lawyer balances speed with maximizing recovery.
13. What is California’s statute of limitations for personal injury?
Generally two years from the date of the injury. For government claims, you may have only six months. Missing deadlines usually means losing your case forever.
14. Should I accept the insurance company’s first settlement offer?
Almost never. Initial offers are lowball settlements meant to save the insurer money. A lawyer can often increase the payout several times over.
15. What evidence strengthens my case?
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Police and accident reports
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Photos/videos of the scene and injuries
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Medical records and bills
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Eyewitness statements
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Employment records (to prove lost wages)
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Expert testimony (medical or reconstruction)
16. Will I have to go to court?
Most cases settle before trial. However, if insurers refuse to pay fairly, your lawyer may take your case to court. A skilled trial lawyer prepares every case as if it’s going to trial.
17. How much will it cost to hire a California personal injury lawyer?
Most work on contingency fees (typically 33–40%). You pay nothing upfront. The lawyer only gets paid if you win.
18. Can I still sue if I was partially at fault?
Yes. California follows comparative negligence law. If you were 20% at fault, your compensation is reduced by 20%. If you’re 51% at fault, you recover nothing.
19. What if the accident caused lifelong injuries?
Severe cases — spinal cord injuries, traumatic brain injuries, amputations — can bring lifetime damages covering medical care, rehabilitation, home modifications, and loss of quality of life. These are often multi-million-dollar claims.
20. Can I file a personal injury lawsuit without a lawyer?
Yes, but it’s risky. Insurance companies exploit unrepresented claimants with lowball offers. A lawyer levels the playing field, handles negotiations, and maximizes your recovery.
Final Takeaway
California personal injury law is designed to protect accident victims, but insurers use every tactic to minimize payouts. Whether you’re facing medical bills, lost income, or long-term disability, consulting with a skilled California personal injury attorney can make all the difference in your recovery.
