K&L Law Group, P.C. · Responsible attorney Marc Y. Lazo, Esq.

Personal Injury Attorneys in Los Angeles: A Guide to California Injury Claims

Plain-language information on California personal injury law for people injured in Los Angeles, from the first steps after an accident to deadlines, fault, compensation and insurance. If you want your situation reviewed, you can request a free case evaluation through the form. The responsible attorney for this website is Marc Y. Lazo, Esq., of K&L Law Group, P.C. in Irvine.

This site offers plain-language information on California personal injury law for people who were hurt in Los Angeles and the surrounding communities. Each page explains one type of accident or one legal question: who may be responsible, which deadlines apply, how insurance works and what compensation California law allows. The information is general and is not legal advice for your situation. If you want a personal injury attorney to look at what happened to you, you can send your case details through the free case evaluation form.

What types of personal injury cases does this site cover?

A personal injury claim usually rests on one idea set out in California Civil Code section 1714: everyone is responsible for injuries caused to others by a lack of ordinary care. How that rule applies depends a great deal on the kind of accident.

Car accidents

Collisions between passenger vehicles are the most common source of injury claims in Los Angeles. Read more about car accident claims in Los Angeles.

Truck accidents

Crashes involving commercial trucks often cause serious injuries because of the size and weight of the vehicles. Responsibility may extend beyond the driver to the trucking company, the owner of the trailer, a loading company or a maintenance contractor. See truck accident claims.

Uber and rideshare accidents

When a rideshare vehicle is involved, the insurance that applies depends on what the driver was doing in the app at the moment of the crash: offline, waiting for a request, or on an accepted trip. California sets specific insurance requirements for each period, explained in the insurance section below. See Uber and Lyft accident claims.

Bus accidents

Bus passengers, pedestrians and other drivers can all be injured in bus accidents. If the bus belongs to a public agency, such as a city or county transit operator, a written government claim usually has to be filed within six months before any lawsuit. See bus accidents in Los Angeles.

Pedestrian accidents

Injuries to pedestrians are often severe. Questions of fault frequently turn on crosswalks, signals, visibility and driver speed. Even when a pedestrian made a mistake, California's comparative fault rule may still allow a partial recovery. See pedestrian accident claims.

Bicycle accidents

Cyclists in Los Angeles share the road with heavy traffic and are often hit by turning vehicles or opening car doors. A cyclist's own auto policy, including uninsured motorist coverage, may apply even though the cyclist was not driving. See bicycle accident claims.

Motorcycle accidents

California Vehicle Code section 21658.1 defines lane splitting as riding a two-wheeled motorcycle between rows of stopped or moving vehicles in the same lane, and the California Highway Patrol states that lane splitting is legal in California. Vehicle Code section 27803 requires both the rider and any passenger to wear a safety helmet that meets state standards. Whether a rider was lane splitting safely or wearing a helmet may come up when fault and damages are assessed.

Slip and fall and premises liability

Property owners and those who control a property must use reasonable care to keep it safe for visitors. The key questions are usually whether the owner knew, or should have known, about the hazard and had time to fix it. See slip and fall claims and premises liability in Los Angeles.

Dog bites

Under Civil Code section 3342, a dog owner is liable for damages when the dog bites someone in a public place or someone lawfully on private property, even if the dog had never been aggressive before. Injuries other than bites, such as being knocked down by a dog, are usually handled under ordinary negligence rules. See dog bite claims.

Medical malpractice

Medical malpractice claims involve a health care provider who failed to meet the accepted standard of care, causing injury. These cases have their own deadlines, limits on non-economic damages and limits on attorney fees, all described below. See medical malpractice claims.

Wrongful death

When a person dies because of someone else's wrongful act or negligence, certain close family members defined by law may bring a wrongful death claim. Compensation can cover financial support, funeral and burial costs and the loss of love, companionship and care. See wrongful death claims.

Brain and spinal cord injuries

Traumatic brain injuries and spinal cord injuries can affect a person for life. Because future medical care, lost earning capacity and long-term support needs are part of the claim, these cases often depend on detailed medical and economic evidence. See brain injury claims and spinal cord injuries.

Construction accidents

Workers injured on the job are generally limited to workers' compensation against their own employer, under Labor Code section 3602. A separate injury claim may still exist against a third party, such as a general contractor, another subcontractor, a property owner or the maker of defective equipment. See construction accident claims.

Defective products

People injured by unsafe vehicles, tools, appliances, medications or other products may have a claim against the manufacturer, distributor or seller. Claims typically involve a design defect, a manufacturing defect or missing or inadequate warnings. See injuries caused by defective products.

Nursing home abuse and neglect

Residents of nursing homes and care facilities may suffer injuries from neglect, falls, pressure sores, medication errors or physical abuse. These cases can involve both ordinary negligence and California's specific rules protecting elders and dependent adults. See nursing home abuse.

What should you do after an accident in Los Angeles?

The steps you take in the first days can protect both your health and a possible claim. A more detailed checklist is on the page about what to do after getting injured.

  1. Call 911 and get medical care. Ask for police and an ambulance if anyone is hurt. See a doctor even if you feel fine, because some injuries appear later, and keep every medical record and bill.
  2. Make sure a report is made. On city streets the Los Angeles Police Department or the local police usually responds; on freeways and in unincorporated areas it is usually the California Highway Patrol.
  3. Report the crash to the DMV when required. Under Vehicle Code section 16000, a driver involved in a crash must file an SR-1 report with the DMV within 10 days if anyone was injured or killed, or if property damage to any one person exceeded $1,000. The DMV's accident reporting page explains that the SR-1 is required in addition to any report made to the police, CHP or your insurer.
  4. Take photos and keep evidence. Photograph the vehicles, the scene, road conditions and your injuries, or the hazard that caused a fall.
  5. Get witness details. Write down names and phone numbers of witnesses and the other driver's license, plate and insurance information.
  6. Notify your insurer. Most policies require prompt notice. Stick to the facts and avoid guessing about fault or your injuries.
  7. Do not sign a release early. A release usually ends the claim permanently. Signing one before you know the full extent of your injuries can leave future medical costs uncovered.

How long do you have to file a personal injury claim in California?

Deadlines, known as statutes of limitations, are strict. If a lawsuit is not filed in time, the claim is usually lost no matter how strong it is. The page on the statute of limitations for personal injury cases explains the rules in more detail.

  • Personal injury and wrongful death: generally two years, under Code of Civil Procedure section 335.1.
  • Damage to property such as a vehicle: generally three years, under Code of Civil Procedure section 338.
  • Medical malpractice: three years after the date of injury or one year after the injury was discovered, or should have been discovered, whichever comes first, under Code of Civil Procedure section 340.5. Special rules apply to minors and to cases of fraud, intentional concealment or a foreign object left in the body. See the page on the medical malpractice statute of limitations in California.
  • Claims against a city, county or state agency: a written claim for injury or death must usually be presented to the public entity within six months, under Government Code section 911.2. If the claim is rejected by written notice, a lawsuit must generally be filed within six months after that notice is delivered or mailed (Government Code section 945.6).
  • Claims against the federal government: under the Federal Tort Claims Act, a written claim must be presented to the federal agency within two years, and a lawsuit filed within six months after the agency mails its final denial (28 U.S.C. section 2401(b)). See claims against the federal government in California.

Some events can pause the clock. For example, under Code of Civil Procedure section 352, the time a person is under 18 is generally not counted, but this pause does not apply to the government claim deadlines above. See pausing the statute of limitations. Because the exceptions are narrow, it is safer to assume the shortest deadline applies.

How does fault work in California?

California follows pure comparative negligence, adopted by the California Supreme Court in Li v. Yellow Cab Co. (1975). An injured person can recover compensation even if they were partly at fault, but the amount is reduced by their own percentage of fault. See compensation in cases of comparative fault.

Two voter initiatives also shape fault rules:

  • Proposition 51 (1986), now Civil Code section 1431.2: when several defendants share fault, each pays non-economic damages only in proportion to their own share of fault.
  • Proposition 213 (1996), now Civil Code section 3333.4: in a vehicle accident case, a person cannot recover non-economic damages, such as pain and suffering, if they were driving under the influence and convicted of that offense, or if they were an owner or driver without the insurance required by California's financial responsibility laws. An uninsured owner hurt by a driver convicted of driving under the influence is not barred.

What compensation can be claimed in a personal injury case?

California law separates damages into categories. Civil Code section 1431.2 describes them this way:

  • Economic damages are objectively verifiable money losses, such as medical expenses, lost earnings, loss of business or employment opportunities, property repair or replacement, and burial costs.
  • Non-economic damages are subjective, non-monetary losses, such as pain, suffering, inconvenience, emotional distress, loss of companionship and loss of consortium.
  • Punitive damages are rare. Under Civil Code section 3294, they may be awarded only when it is proven by clear and convincing evidence that the defendant acted with oppression, fraud or malice.

For past medical expenses, the California Supreme Court held in Howell v. Hamilton Meats & Provisions, Inc. (2011) that an injured person can generally recover the amount actually paid or owed for treatment, not the higher amount originally billed.

Medical malpractice limits (MICRA). In cases against health care providers based on professional negligence, Civil Code section 3333.2, as amended by AB 35, limits non-economic damages. The statute set the limits at $350,000 for injury cases and $500,000 for wrongful death cases starting in 2023, and raises them each January 1 by $40,000 and $50,000 respectively. Under that schedule the limits in 2026 are $470,000 for injury cases and $650,000 for wrongful death cases. Up to three separate limits can apply in one case (health care providers, health care institutions, and unaffiliated providers or institutions), and the amount in effect at the time of judgment, award or settlement applies. Economic damages are not capped.

No guide can predict what a particular case is worth. The outcome depends on the evidence, the injuries, the available insurance and the decisions of insurers, judges and juries.

What insurance applies after a car crash in California?

For policies issued or renewed on or after January 1, 2025, California's minimum liability limits are $30,000 for injury or death of one person, $60,000 for injury or death of two or more persons, and $15,000 for property damage, under Vehicle Code section 16056 as amended by SB 1107. The DMV's insurance requirements page lists the same figures. Because serious injuries often cost far more than these minimums, other coverage can become important:

  • Uninsured and underinsured motorist coverage. Under Insurance Code section 11580.2, auto liability policies must include uninsured motorist coverage unless the policyholder deletes it or lowers it by a signed written agreement, and policies with uninsured motorist coverage also include underinsured motorist coverage. This coverage can apply when the at-fault driver has no insurance, too little insurance or cannot be identified.
  • Medical payments coverage, if purchased, may help with treatment costs regardless of fault.
  • Rideshare (transportation network company) coverage. Under Public Utilities Code section 5433, from the moment a driver accepts a ride until the ride ends, primary coverage of $1,000,000 for death, personal injury and property damage must be in place. Since January 1, 2026 (SB 371), the uninsured and underinsured motorist coverage the company must provide while a passenger is in the vehicle is $60,000 per person and $300,000 per incident. While the driver is logged in and waiting for a request, the required coverage is at least $50,000 per person and $100,000 per incident for death and injury, $30,000 for property damage, plus $200,000 of excess coverage.

Dealing with insurers is often the longest part of a claim. See negotiating with insurance companies in Los Angeles and third-party liability claims.

How does a personal injury case usually work?

Every case is different, and many end without a lawsuit. A typical path:

  1. Case evaluation. An attorney reviews what happened, the injuries, the insurance involved and the deadlines.
  2. Investigation and evidence. Reports, photos, video, witness statements, vehicle data and property records are collected and preserved.
  3. Medical treatment and documentation. The injured person follows medical advice, and records and bills are gathered to show the injuries and their cost.
  4. Demand to the insurer. Once the injuries are better understood, a written demand with supporting documents is sent to the responsible insurer.
  5. Negotiation. The insurer may accept, reject or make a counteroffer. Many claims are resolved at this stage.
  6. Filing a lawsuit if needed. Cases in Los Angeles County are filed in the Superior Court of California, County of Los Angeles. Since January 1, 2024, a case where the amount in controversy is $35,000 or less is generally a limited civil case under Code of Civil Procedure section 85; larger claims are unlimited civil cases.
  7. Discovery. Both sides exchange documents, answer written questions and take depositions.
  8. Mediation or settlement talks. A neutral mediator often helps the parties try to reach an agreement.
  9. Trial. If no settlement is reached, a judge or jury decides fault and damages.

How do personal injury attorneys charge in California?

Many personal injury attorneys work on a contingency fee, meaning the fee is a percentage of any amount recovered rather than an hourly charge. Under Business and Professions Code section 6147, a contingency fee agreement must be in writing, signed by both the attorney and the client, and a copy must be given to the client. It must state the fee rate, how costs affect the fee and the client's recovery, and, outside medical malpractice cases, that the fee is not set by law and can be negotiated. If these rules are not followed, the client may cancel the agreement and the attorney is entitled only to a reasonable fee.

In medical malpractice cases, Business and Professions Code section 6146, as amended by AB 35, limits contingency fees to 25 percent of the amount recovered if the case settles before a lawsuit or arbitration demand is filed, and 33 percent if it is resolved after filing. If the case goes to trial or arbitration, the attorney may ask the court or arbitrator for a higher fee, which is allowed only for good cause. Ask any attorney you consult to explain how costs are handled before you sign.

Which areas around Los Angeles does this site cover?

The information on this site applies across Los Angeles County. Some pages focus on specific communities: Beverly Hills, Santa Monica, Encino, Torrance, Sherman Oaks, Woodland Hills, Van Nuys, Long Beach and Palmdale.

Who is the responsible attorney for this website?

The attorney responsible for this website is Marc Y. Lazo, Esq., of K&L Law Group, P.C., 2646 Dupont Drive, Suite 60340, Irvine, CA 92612. He is licensed by the State Bar of California (No. 215998), was admitted in December 2001 and earned his J.D. at Loyola Law School. Read more on the About page.

Frequently asked questions

Who is the responsible attorney for this website?

The responsible attorney is Marc Y. Lazo, Esq. of K&L Law Group, P.C., 2646 Dupont Drive, Suite 60340, Irvine, CA 92612. He is licensed by the State Bar of California (No. 215998, admitted in December 2001) and earned his J.D. at Loyola Law School. You can call (949) 302-8040 or use the free case evaluation form.

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

In most personal injury and wrongful death cases, the deadline is two years under Code of Civil Procedure section 335.1. Property damage claims generally have three years. Medical malpractice claims must be filed within three years of the injury or one year after it was discovered, whichever comes first. Claims against public entities usually require a written government claim within six months, so the safest approach is to check the deadline as early as possible.

Do I have to report a car accident to the California DMV?

Yes, in many cases. Vehicle Code section 16000 requires a driver involved in a crash to file an SR-1 report with the DMV within 10 days if anyone was injured or killed, or if property damage to any one person exceeded $1,000. The report can be filed by the driver or by an insurance agent, broker or legal representative, and it is required in addition to any police or CHP report.

Can I still recover compensation if I was partly at fault?

Yes. California follows pure comparative negligence, so an injured person who shares some of the blame can still recover, but the compensation is reduced by their own percentage of fault. For example, a person found 20 percent at fault would have the award reduced by 20 percent. Separate rules under Proposition 213 limit non-economic damages for uninsured drivers and drivers convicted of driving under the influence.

What happens if the driver who hit me has no insurance?

Your own policy may help. Under Insurance Code section 11580.2, California auto liability policies must include uninsured motorist coverage unless the policyholder deleted or reduced it in a signed written agreement. This coverage can also apply when the other driver is underinsured or cannot be identified, such as in a hit-and-run. Check your declarations page and notify your insurer promptly.

Is there a limit on damages in California medical malpractice cases?

Yes. Civil Code section 3333.2, as amended by AB 35, limits non-economic damages in cases against health care providers based on professional negligence. Under the statute's yearly schedule, the limits in 2026 are $470,000 for injury cases and $650,000 for wrongful death cases, and up to three separate limits can apply in one case. Economic damages, such as medical bills and lost earnings, are not capped.

How much does a personal injury attorney cost in California?

Many personal injury attorneys charge a contingency fee, which is a percentage of any recovery. California law requires a written, signed contingency fee agreement that states the rate and explains how costs affect the client's recovery. Outside medical malpractice cases, the percentage is not set by law and can be negotiated. In medical malpractice cases, fees are limited to 25 percent before a lawsuit or arbitration demand is filed and 33 percent after.

What if I was injured by a city bus or on public property?

Claims against a city, county, transit agency or the State of California follow special rules. A written claim for injury or death must usually be presented to the public entity within six months under Government Code section 911.2. If the claim is rejected in writing, a lawsuit must generally be filed within six months of that notice. The usual pause for minors does not apply to these government claim deadlines.

Who pays if I am hurt in an Uber or Lyft?

It depends on the driver's status in the app. From the moment a ride request is accepted until the trip ends, Public Utilities Code section 5433 requires $1,000,000 of primary coverage, and since January 1, 2026 the company must provide $60,000 per person and $300,000 per incident of uninsured and underinsured motorist coverage while a passenger is in the car. Lower limits apply while the driver is only logged in and waiting.

Should I accept the insurance company's first offer?

Be careful. Accepting a settlement usually means signing a release that ends the claim permanently, including for future medical needs you may not yet know about. Before accepting, make sure you understand your diagnosis, expected treatment, lost income and all available insurance. Keep in mind that negotiating with an insurer does not stop the statute of limitations from running.

Does sending the free case evaluation form make me a client?

No. Sending the form or calling (949) 302-8040 does not create an attorney-client relationship. It allows your situation to be reviewed so you can learn about possible options. Representation begins only if you and an attorney sign a written agreement. Contacting this site also does not pause any legal deadline, so keep track of the time limits that apply to your claim.

How can you get a free case evaluation?

If you were injured in Los Angeles and want to understand your options, you can describe what happened through the free case evaluation form or call (949) 302-8040. Include the date and place of the accident, the injuries, any medical treatment and the insurance involved. Sending the form or calling does not create an attorney-client relationship, and no deadline is paused by contacting this site, so keep the time limits above in mind.

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