Personal Injury FAQS
Understanding Personal Injury Claims in California
Personal injury claims arise when someone suffers physical, emotional, or financial harm due to another party’s negligence or wrongful conduct. In California, injured victims have the legal right to seek financial compensation from those responsible, whether it is an individual driver, a corporation, a property owner, or a government agency. At Bisnar Chase Personal Injury Attorneys, LLP, we have represented thousands of injury victims since 1978 and recovered over $1 billion in compensation with a near-perfect 99% success rate.
This page serves as a guide for personal injury claims throughout California. The page outlines the process, the types of cases that qualify, the potential value of your claim, and the assistance our legal team can provide. If you have been injured and are looking for a personal injury attorney, you are in the right place.
Types of Personal Injury Cases in California
California law broadly covers many types of personal injury claims. The specific facts of your case, including who was at fault, the severity of your injuries, and the circumstances of the incident, will determine which legal theories apply and how your claim is pursued. Below are the most common categories of personal injury cases we handle statewide.
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How Personal Injury Lawsuits Work in California
Personal injury lawsuits in California follow a structured legal process rooted in tort law. Understanding each stage can help you know what to expect when you pursue a claim. The journey typically begins with your first call to our firm, where we assess your case for free.
After agreeing to take your case, our attorneys and legal team begin the investigation phase. This includes gathering police reports, medical records, witness statements, surveillance footage, and any other evidence relevant to establishing fault and documenting your injuries. In complex cases, particularly those involving auto defects, trucking companies, or catastrophic injuries, we retain expert witnesses to support your claim.
Once we have built a strong evidentiary foundation, we submit a demand to the at-fault party’s insurance company. This demand outlines your injuries, your losses, and the compensation we are seeking on your behalf. Insurance companies rarely offer fair settlements right away, which is why having an experienced negotiator in your corner is critical. Our personal injury attorneys are seasoned negotiators who understand the tactics adjusters use to minimize payouts.
If the insurance company refuses to offer a fair settlement, we are fully prepared to take your case to trial. Unlike many firms that settle everything out of court, Bisnar Chase is a true litigation firm. Our trial attorneys have spent decades inside California courtrooms, and defense teams know who we are. This reputation alone often prompts better settlement offers.
Key Elements of a Personal Injury Claim in California
To recover compensation in a California personal injury case, your attorney must establish four core legal elements: duty of care, breach of duty, causation, and damages. These elements apply whether the case involves a car accident, a slip and fall, a defective product, or any other type of personal injury.
- Duty of Care: The defendant owed you a legal obligation to act reasonably and avoid causing foreseeable harm. For example, all drivers owe a duty of care to others on the road.
- Breach of Duty: The defendant failed to meet that standard of care through their actions or inaction—such as running a red light, leaving a wet floor unmarked, or manufacturing a defective vehicle component.
- Causation: The defendant’s breach of duty was the direct and proximate cause of your injuries. There must be a clear connection between their conduct and the harm you suffered.
- Damages: You suffered actual, quantifiable losses as a result, including medical bills, lost income, pain and suffering, and other economic and non-economic damages.
Personal Injury Claims California: Mid-Funnel Information
If you’re in the early stages of researching personal injury claims in California, you are likely trying to understand whether you have a valid claim and what the process looks like before contacting an attorney. This is one of the most important stages of your legal journey, and we want to give you the information you need to make a confident, informed decision.
California’s personal injury system is based on comparative fault, meaning that even if you were partially responsible for an accident, you can still recover compensation, although your award may be reduced by your percentage of fault. For example, if you were 20% at fault in a car accident and your damages total $100,000, you could still recover $80,000.
Another important consideration is California’s two-year statute of limitations for most personal injury claims. If you do not file your case within two years of the date of injury, you will likely lose your right to pursue compensation entirely. For claims against government entities, the deadline shrinks to just six months. This is why speaking with an attorney as soon as possible is always advised.
What Damages Can I Recover in a California Personal Injury Case?
California personal injury victims may be entitled to recover two broad categories of damages: economic and non-economic. In some cases involving egregious or intentional conduct, punitive damages may also be available.
Economic Damages
Economic damages compensate you for specific, measurable financial losses resulting from your injury. These include past and future medical expenses, emergency care, surgery, rehabilitation, prescription medications, lost wages, loss of future earning capacity, and property damage. There is no cap on economic damages in California personal injury cases.
Non-Economic Damages
Non-economic damages address losses that are harder to quantify, such as physical pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, and loss of consortium. California currently caps non-economic damages at $350,000 per individual in most personal injury cases. However, these limits do not apply to all case types and may be subject to change.
Why Hire Bisnar Chase for Your California Personal Injury Claim?
With dozens of personal injury law firms in California, selecting the right one is one of the most consequential decisions you will make. Bisnar Chase has earned its reputation through results. Named the 2026 Best Personal Injury Law Firm in California by Best Lawyers, our firm has consistently been recognized among the nation’s top trial lawyers for nearly five decades.
We exclusively represent plaintiffs—meaning we only work for injured victims, never for insurance companies or corporate defendants. This focus keeps our interests fully aligned with yours. We advance all litigation costs, so you face zero financial risk. Our team is built around accessibility: we are available 24/7, maintain five office locations across California, and respond quickly when our clients need us.
Studies show that represented claimants receive on average 31% higher settlements than those who go it alone. Our track record speaks for itself: over $1 billion recovered, thousands of clients served, and a 99% success rate across all case types. When you hire Bisnar Chase, you are getting some of the most formidable personal injury litigators in California in your corner.
Contact us today for a free case evaluation. There is no obligation and no cost. If we take your case, you pay nothing unless we win.
Frequently Asked Questions: Personal Injury Claims in California
Common questions about how personal injury lawsuits work in California and what to expect from your claim.
What types of personal injury claims can I file in California?
In California, you can file personal injury claims for car accidents, truck accidents, motorcycle accidents, bicycle accidents, slip and fall incidents, dog bites, defective products, auto defects, wrongful death, premises liability, and more. Any situation where another party’s negligence caused your injuries may qualify. Bisnar Chase handles a wide range of personal injury cases across California and offers a free consultation to help you understand your options.
How do personal injury lawsuits work in California?
A personal injury lawsuit in California typically follows these stages: (1) Free consultation with a personal injury attorney, (2) Investigation and evidence gathering, (3) Filing a demand with the insurance company, (4) Settlement negotiations, and if no agreement is reached, (5) Filing a lawsuit and proceeding to trial. Most cases are resolved before trial. California uses a comparative fault system, meaning your compensation may be reduced if you are found partially at fault.
What is the statute of limitations for personal injury claims in California?
The statute of limitations for most personal injury claims in California is two years from the date of injury or accident. For claims against government entities, you must file a government tort claim within six months. Missing this deadline typically means losing your right to pursue compensation entirely. Consult with a California personal injury attorney as soon as possible after your accident.
How much is my personal injury claim worth in California?
The value of a personal injury claim depends on your medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering, and the degree of the defendant’s fault. California has no cap on economic damages. Non-economic damages such as pain and suffering are capped at $350,000 for individuals in most cases. The average California injury settlement is approximately $50,000, but complex or catastrophic cases may result in multi-million dollar recoveries. Bisnar Chase has recovered over $1 billion for clients.
What does 'no win, no fee' mean for personal injury cases?
Under our no win, no fee agreement, you are protected from out-of-pocket costs. We advance the funds needed to win your case, including filing and attorney fees, as well as expert fees. When we win, our fees are covered by a percentage of the settlement. If we don’t win, you owe nothing.
Do I need a personal injury lawyer for my California claim?
There are several key advantages to hiring a personal injury lawyer for a claim in California. Your attorney will maximize your compensation and ensure you are not leaving money on the table. Insurers use lawyers to minimize claims, so you need your own experts to fight for you. The right team will handle everything, from filing to negotiating, allowing you to focus on your recovery.
What evidence is needed to prove a personal injury claim in California?
To prove a personal injury claim in California, your attorney will typically gather: police or incident reports, medical records and bills, photographs of the accident scene and injuries, witness statements, surveillance or dashcam footage, expert witness testimony (for complex cases), employment records for lost wage claims, and documentation of all out-of-pocket expenses. The strength of your evidence directly impacts the value of your claim.
Brian Chase
Articles, blogs, and content have been reviewed by legal in-house staff. Brian Chase is the managing partner of Bisnar Chase Personal Injury Attorneys, LLP. He is the lead trial lawyer and oversees cases handling dangerous and defective products that injure consumers. Brian is a top-rated injury attorney with numerous legal honors and awards for his work relating to auto defects and dangerous products. His firm has recovered over $1B for its clients. Brian is a frequent speaker for CAOC, Dordick Trial College, and OCTLA, covering personal injury trial techniques.
