California Head Injury Laws

California at a glance

California generally allows two years to file an injury or wrongful death lawsuit,[1] but a claim against a public entity must be presented within six months.[2] California uses pure comparative negligence,[3] and each defendant’s share of non-economic damages is limited to its percentage of fault.[4] Drivers must carry at least $30,000/$60,000 in bodily injury liability coverage.[5]

Filing deadlines

Injury and wrongful death: Code of Civil Procedure § 335.1

Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.

Source: [1]

Claims against public entities: Government Code § 911.2

A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented as provided in Article 2 (commencing with Section 915) not later than six months after the accrual of the cause of action.

Source: [2]

In plain English, most injury and death lawsuits must be filed within two years. When a city, county, state agency or other public entity may be responsible, such as for a dangerous road or a government vehicle, a written claim must first be presented to that entity within six months.[2]

Shared fault

The California Supreme Court replaced contributory negligence with pure comparative negligence in 1975:

Li v. Yellow Cab Co. (1975)

the “all-or-nothing” rule of contributory negligence as it presently exists in this state should be and is herewith superseded by a system of “pure” comparative negligence, the fundamental purpose of which shall be to assign responsibility and liability for damage in direct proportion to the amount of negligence of each of the parties.

Source: [3]

Under pure comparative negligence, an injured person who was partly at fault can still recover, reduced by their share of fault. California also limits each defendant’s liability for non-economic damages, such as pain and suffering, to that defendant’s share:

Civil Code § 1431.2

In any action for personal injury, property damage, or wrongful death, based upon principles of comparative fault, the liability of each defendant for non-economic damages shall be several only and shall not be joint.

Source: [4]

Damage caps

California limits non-economic damages against health care providers. Civil Code § 3333.2 sets a limit of $350,000 in injury cases and $500,000 in wrongful death cases, with annual increases of $40,000 and $50,000 respectively for 10 years, up to $750,000 and $1,000,000.[6]

Civil Code § 3333.2(b)(1)

Civil liability for damages for noneconomic losses against one or more health care providers, collectively, shall not exceed three hundred fifty thousand dollars ($350,000)

Source: [6]

Auto insurance requirements

The California DMV lists these minimum liability limits under Insurance Code § 11580.1b: $30,000 for injury or death to one person, $60,000 for injury or death to more than one person, and $15,000 for property damage.[5] California is not one of the no-fault states.[7]

What this page does not cover

This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.

Learn more: All state law pages · Personal injury claims · Claims against the government · Auto insurance claims

Frequently asked questions

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

Code of Civil Procedure § 335.1 sets two years for injury or death caused by the wrongful act or neglect of another.[1] Claims against public entities must be presented within six months.[2]

This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.

Sources

  1. California Code of Civil Procedure § 335.1. California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=335.1
  2. California Government Code § 911.2. California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=911.2
  3. Li v. Yellow Cab Co., 13 Cal.3d 804 (1975). Justia. https://law.justia.com/cases/california/supreme-court/3d/13/804.html
  4. California Civil Code § 1431.2. California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=1431.2
  5. California Department of Motor Vehicles. “Insurance Requirements.” https://www.dmv.ca.gov/portal/vehicle-registration/insurance-requirements/
  6. California Civil Code § 3333.2. California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3333.2
  7. Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance

Sources last checked: October 11, 2026

©Head Injury Resource Center. All rights reserved.