You were in a car accident in California, and now you're dealing with injuries, missed work, medical bills and a lot of questions. One of the biggest? Whether you can actually sue the other driver and recover what you’ve lost.
Yes, you can sue after a car accident in California if the other party’s negligence caused your injuries or damages. California is an “at-fault” state, meaning the person who caused the accident is legally responsible for the harm they caused. That includes medical costs, lost wages, pain and suffering, and other financial or emotional losses. Even if you were partly at fault, the state’s comparative negligence law may still allow you to recover a portion of your damages. Just keep in mind, there are legal deadlines, and they can come up faster than you think.
When It Makes Sense to File a Lawsuit
Not every California car accident needs to end in court, but there are situations where filing a personal injury claim becomes necessary. If the insurance company won’t take your injuries seriously or offers a settlement that barely covers your medical bills, it may be time to take legal action.
A lawsuit also makes sense when the other driver’s policy limits fall far below the total damage you’ve suffered. Serious injuries often lead to long-term costs that far exceed minimum coverage.
In cases involving reckless or dangerous behavior like driving under the influence or texting behind the wheel, you may be able to pursue punitive damages. These are meant to hold the other party accountable, not just cover your losses.
Bottom line: when negotiation doesn’t lead to fair compensation, a personal injury lawsuit can help protect your future.
Legal Requirements for Suing After a Crash
Before you can move forward with a personal injury lawsuit, there are a few legal boxes that need to be checked. First, you’ll need to show that the other driver’s negligence directly caused the crash and your injuries.
It’s also important to have documentation that proves the damages you suffered, things like medical records, proof of lost income, and repair bills. A car accident attorney can help you pull this evidence together.
California law gives you a limited window to act. Under the state’s statute of limitations, you typically have two years to file your claim. If the crash involved a government vehicle or roadway, the deadline is even shorter.
Finally, California follows a comparative negligence rule. That means even if you were partly at fault, you may still recover compensation, just reduced by your percentage of fault, based on California Civil Code standards.
Damages You May Be Able to Recover
After a crash, most people think about medical bills first, but that’s just one part of the full picture. A personal injury lawsuit can help you recover several types of damages, depending on what you’ve lost.
Economic damages are the out-of-pocket costs you’ve had to pay, or will likely pay, as a result of the accident:
- Medical expenses
- Lost income and reduced earning ability
- Property damage and rehabilitation costs
Non-economic damages are just as real, even if they’re harder to measure:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
These categories reflect how your life has been affected, physically, financially, and emotionally. The goal of any personal injury claim is to make sure all of those impacts are considered when determining what fair compensation looks like.
California’s Statute of Limitations
Every personal injury lawsuit in California must be filed within a specific deadline, and missing it can mean losing your right to compensation entirely. These time limits are set by the California Code of Civil Procedure and are strictly enforced.
In most cases, you have two years from the date of the accident to file a personal injury lawsuit. If you're only claiming for property damage like car repairs, you typically have three years.
If a government entity is involved, such as a city-owned vehicle or a public road issue, the rules change. You must file an administrative claim within six months, which starts the legal clock even earlier.
Knowing your deadline under California law is critical. If you’re unsure how it applies to your situation, speaking with a lawyer early on can help protect your claim.
Understanding California’s Comparative Fault Rule
In California, personal injury claims follow what's called the comparative negligence rule. This means that if both drivers share some responsibility for the crash, you can still seek compensation, just not for 100% of your losses.
Let’s say the other driver was mostly at fault, but you were found to be partly to blame. The amount you can recover will be reduced based on your share of fault under state negligence laws.
This system ensures fairness, but it also opens the door for insurance companies to argue that you played a bigger role than you actually did. That’s why documentation and legal support can make a big difference.
If you're dealing with a shared-fault situation, your lawyer can help push back against inflated blame and protect your right to recover.
How Much Can You Sue For After a California Car Accident?
There’s no set number when it comes to how much you can sue for after a California car accident. The value of your personal injury claim depends on several key factors:
- Injury severity
- Long-term impact on your health and daily life
- Medical expenses and future treatment costs
- Missed work or reduced earning capacity
- Pain and suffering
- How fault is divided
- Insurance coverage limits of the at-fault party
Economic damages like medical bills and lost income are usually easier to calculate. Non-economic damages, like pain and suffering, require a closer look at how the accident has affected your well-being.
Since each case is different, the best way to get an accurate estimate is to speak with a personal injury attorney in Los Angeles who understands how these claims are valued in court and in settlements.
Practical Steps to Take After a Car Accident
The steps you take right after a crash can make a big difference in your case. Whether you're dealing with a serious injury or sorting through the damage, a few early actions can help protect your rights and strengthen your insurance claim.
Start by documenting everything you can at the accident scene. Details fade quickly, and having police reports, photos, and witness statements can help confirm what happened.
You’ll also need to take care of your health. Getting medical attention isn’t just about recovery, it’s also about creating a clear record that connects your injuries to the auto accident.
Once you’ve gathered the basics, speaking with a lawyer can help you understand your options. Here’s a quick breakdown of the most important steps:
- Gather Evidence: Police report, photos, witness statements, and medical records.
- Establish Fault: Review traffic laws and accident details to determine liability.
- Get Legal Advice: A personal injury lawyer can assess your case and fight for full compensation.
- File Your Claim on Time: Don’t miss the statute of limitations deadline.
Following these steps early can set you up for a smoother process, whether you're filing an insurance claim or considering legal action.
Talk to a California Car Accident Lawyer
If you're still unsure whether you should file a claim or accept an insurance offer, you're not alone. Talking to a California car accident lawyer can give you the answers and clarity you need to move forward with confidence.
Legal issues around motor vehicle accidents can get complicated fast, especially when insurance companies push back or minimize your injuries. A personal injury attorney can help protect your rights, gather the right evidence, and handle the negotiations for you.
Even if you’re still waiting on a medical diagnosis or aren’t sure how serious your injuries are, it’s worth getting advice early. It can help you avoid common mistakes and ensure you don’t miss key deadlines.
If you're ready to take the next step, our team at the Law Offices of Adrianos Facchetti is here to help. Use our contact form to request a free consultation and get answers based on your situation.
