Accidents happen fast, but the effects can stick around way longer. If you got hurt because someone else wasn’t being careful, you might be able to file a personal injury claim. California law lets you go after compensation for medical bills, missed work, pain and suffering, and other stuff tied to the accident. But getting that money isn’t as simple as just filling out a form. There’s a legal process involved, and it helps to know how it all works. Whether you were in a car wreck, slipped and fell, or got injured some other way, here’s what you should know about filing a personal injury claim in California.
What Qualifies as a Personal Injury Claim?
A personal injury claim arises when someone gets hurt because another person was careless, reckless, or acted on purpose. These cases are pretty common in California and can happen in all sorts of ways—car accidents, bike or pedestrian crashes, dog bites, slips and falls, medical mistakes, or even injuries at work if a third party is involved.
To have a solid case based on negligence, you have to show that the other person was responsible for acting carefully, they didn’t uphold their responsibility, and that their actions directly caused your injury. That connection between what they did and how you got hurt is a big deal. If you can’t prove that, your case won’t hold up in court or during settlement negotiations.
Liability and Fault in California
California follows a pure comparative negligence system, which means you can still recover compensation for your injuries even if you were partially at fault for the accident. However, the percentage of fault assigned to you will reduce your total recovery. For example, if you are found to be 20% responsible, your final compensation will be reduced by that same amount. A $100,000 award would become $80,000.
But figuring out who is at fault is not always clear-cut. It often requires a detailed investigation, including a review of police reports, medical records, witness accounts, photos, and expert analysis. A knowledgeable personal injury attorney can help collect and present that evidence, making a strong case for the full compensation you deserve.
How Much Compensation Can You Receive?
How much your personal injury claim is worth depends on a few things—like how bad your injuries are, how long it takes you to recover, and how much the accident has messed with your everyday life. Usually, the more serious the injury, the more you can potentially get.
In California, you can go after money for many different things. That includes bills for medical treatments (hospital visits, surgery, or physical therapy), lost wages if you had to miss work and even pain and suffering for what you have been through physically and emotionally. If any property, such as your car, was damaged, you can also try to get that covered.
There’s no cap on most personal injury damages in California, but having solid proof and a good lawyer makes a big difference.
The Statute of Limitations for Personal Injury Lawsuits
In California, you usually have two years from the date of the accident to file a personal injury lawsuit, and if you miss that window, you could lose your chance to get compensation at all. That said, there are some exceptions—under California Code, Government Code – GOV § 911.2, if you’re filing a claim against a government agency, you only have six months and must follow specific rules. That’s why it’s a good idea to talk to a personal injury lawyer sooner rather than later so you don’t miss anything important.
What About Insurance Claims?
Most personal injury claims start with filing an insurance claim, but even though the process seems simple, it’s not always in your favor. The adjuster works for the insurance company, not for you, and their goal is usually to save the company money—so low offers and delays are common. Before you accept anything, talk to a personal injury lawyer who can look at the offer and see if it covers what you’ve lost now and down the road.
Settlement Negotiation vs. Trial
Most personal injury claims in California conclude through out-of-court settlements. A strong demand letter—backed by medical records, expert opinions, accident reports, and clear documentation of your losses—can often encourage the insurance company to settle fairly. Settling can save time, stress, and legal expenses.
However, not all insurers are willing to negotiate in good faith. They may refuse to make a reasonable offer or dispute liability altogether. In that case, your attorney may advise filing a personal injury lawsuit. While going to court can feel overwhelming, it is sometimes the only path to securing the full compensation you deserve. A seasoned trial attorney can:
- Present evidence
- Question witnesses
- Advocate for you before a judge or jury
- Fight for a just outcome
Why Legal Representation Matters
Hiring a personal injury attorney on a contingency fee means you won’t pay any legal fees upfront. Instead, your lawyer only gets paid if you receive a settlement or court award. This arrangement gives you access to quality representation without adding financial stress. It also helps level the playing field against powerful insurance companies with their own legal teams.
Having an attorney on your side can make a significant difference. Legal counsel helps you avoid common insurance tactics, gather strong evidence, negotiate more effectively, and handle all the paperwork and deadlines that come with a personal injury claim.
At DJA Injury Attorneys, we advocate for Huntington Beach residents injured in preventable accidents. Whether you were hurt in a car crash, dog attack, or slip and fall, we are ready to help.
Talk to a Huntington Beach Personal Injury Lawyer Today
If you are unsure about your rights after an accident, do not wait—contact DJA Injury Attorneys to schedule a free consultation with one of our personal injury attorneys in Huntington Beach. We will review your situation, explain your legal options, and help you decide what steps to take next.
Visit our personal injury practice area page to learn how we help injury victims. Ready to get started? Call our law firm at (949) 229-7228 or fill out our contact form to speak with an attorney today.