Sacramento Personal Injury Law Attorney
Below is a concise introduction to how personal injury law works in California. This area of law is intricate, so treat this as a starting point rather than a complete guide. The statutory foundation for negligence-based injury claims in California appears in California Civil Code section 1714, which states in part that every person is responsible not only for the results of willful acts, but also for injuries caused to another through a lack of ordinary care or skill in managing one's property or person.
Personal Injury Matters I Handle
- Car and motor vehicle collisions
- Truck crashes
- Motorcycle collisions
- Wrongful death claims
- Slip and fall incidents
- Dog bite injuries
- Product liability claims
- Uninsured and underinsured motorist accidents
- DUI-related crashes
- Swimming pool accidents and drownings
- Bicycle accidents
- Pedestrian accidents
Shared Fault in California Injury Cases
Defendants in some injury cases may contend, correctly or not, that you as the plaintiff share some responsibility for the accident. If that argument succeeds, it can significantly reduce the compensation you ultimately recover.
California follows the "pure comparative negligence" rule for shared-fault injury cases. Under this approach, any award you win is lowered by your percentage of fault. Courts must apply this rule, but insurance adjusters working outside the court system are not bound by it. If an adjuster invokes comparative negligence, you are free to negotiate and need not feel pressured. Even better, retain an attorney experienced in personal injury law.
Time Limits for Filing Injury Claims
California, like other states, sets deadlines for filing lawsuits. The deadline differs depending on whether you are suing a private individual or business, or a city, county, or state government agency.
Private Individuals and Businesses
You have two years to file an action. Miss that window and the court will likely reject your case, meaning any right to compensation is lost. For details, see California Code of Civil Procedure section 335.1.
View Code of Civil Procedure 335.1
Cities, Counties, and State Agencies
Claims against these entities carry a six-year statute of limitations, but very strict procedural rules apply under Cal. Gov't Code § 911.2. You can also review guidance on injury claims against government entities.
View Government Code 911.2 Claims Against Government Entities
Limits on Injury Claim Damages
Personal injury recovery in California is not unlimited. For example, the law generally bars most uninsured drivers from claiming non-economic pain and suffering damages, even when the other driver was entirely at fault. The exception applies when the other driver was under the influence of alcohol or drugs and is actually convicted of a DUI connected to the accident.
Medical malpractice cases are also capped. The Medical Injury Compensation Reform Act limits malpractice claims to $250,000.
To learn more about the compensation you may be entitled to, review this resource.
Dog Bite and Attack Liability
Some states give dog owners certain protections the first time their animal bites or attacks. California instead imposes "strict liability" on owners, meaning they are legally responsible in most bite situations without any showing of fault or negligence. As the law states, the owner of any dog is liable for damages suffered by anyone bitten by the dog while in a public place or lawfully in a private place, including the owner's property, regardless of the dog's prior viciousness or the owner's knowledge of it.
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Contact the Law Offices of James L. Keenan
2600 H St., Sacramento, CA 95816
Phone: 916-448-6923
Fax: 916-442-6524
Email: [email protected]
Office Hours: Monday through Friday, 8 a.m. to 5:30 p.m.
Evening appointments available.
Home Call 916-448-6923 Text 916-715-6145 Email James Now Email the Office
COVID-19 Update: We Remain Open
My office continues to operate throughout the pandemic. Remote consultations and in-person meetings with social distancing are both available. I can meet in person, by phone, FaceTime, Zoom, or another remote application. Court filings and appearances are also remote at this time, so your entire case can be handled remotely from the safety of your home.