What to Do After a Personal Injury in California

An accident can upend your life without warning. One moment you are going about your day; the next, you are contending with pain, medical appointments, missed work, and a flood of calls from insurance adjusters. Whether you were injured in a car collision, a slip and fall, a dog attack, or another serious incident, the steps you take in the hours, days, and weeks that follow can have a lasting impact on both your physical recovery and your ability to pursue a personal injury claim.

 

California law provides injured people with meaningful rights — but those rights must be actively protected. The following guidance explains what to do after a personal injury in California and how to avoid the most common mistakes that can compromise a claim.

 

Doulatshahi Law Offices helps individuals and families in Orange County and throughout California understand their options after an accident. The following steps can help you stay organized and protect your rights.

Seek Medical Attention Promptly

Your health comes first. Even when an injury seems manageable at the outset, many accident-related conditions — soft-tissue damage, concussions, internal injuries, and spinal trauma — do not manifest their full severity until hours or days after the incident. Prompt evaluation by a medical professional identifies those concerns before they worsen and establishes a baseline for your treatment.

 

From a legal standpoint, your medical records serve a critical function. They document the nature and extent of your injuries, the care you received, and the trajectory of your recovery. If a dispute later arises about whether your injuries were caused by the accident, those records provide objective, contemporaneous evidence. Gaps in treatment, or delays in seeking care, can be used by opposing parties to argue that your injuries were not serious or were caused by something other than the accident.

 

Make Sure the Incident Is Reported

Timely reporting creates an official record of the date, location, and circumstances of the accident before those details can be disputed or forgotten.

The appropriate report will depend on the nature of the incident:

• Vehicle collisions: Contact law enforcement. California law requires that accidents involving injury or death be reported to the California Highway Patrol or local police. A peace officer's report can serve as valuable evidence in subsequent proceedings.
• Slip and fall or premises injuries: Notify the property owner or manager in writing and request that an incident report be completed.
• Dog bites: Report the incident to local animal control.
• Workplace injuries: Notify your employer promptly; California workers' compensation law imposes strict reporting requirements.
• Injuries caused by a government entity: This situation carries especially critical deadlines discussed below.

 

Document the Scene and Preserve Evidence

Physical evidence degrades quickly. Roadway debris gets cleared, surveillance footage gets overwritten, and witnesses become harder to locate. If your condition permits, document the scene as thoroughly as possible:

• Photograph or video your visible injuries, vehicle damage, property damage, road conditions, lighting, weather, and any hazards that contributed to the accident.
• Capture any absence of warnings, barriers, or safety signage that should have been present.
• Obtain the names and contact information of all witnesses.

Preservation of evidence is not only practical — it reflects a core principle of California civil litigation. Courts may draw adverse inferences against parties who fail to preserve relevant evidence. Cedars-Sinai Medical Center v. Superior Court, 18 Cal. 4th 1, 4 (1998). Prompt, thorough documentation puts you in the strongest possible position from the beginning.

 

 

Understand California's Legal Deadlines — Do Not Miss Them

California imposes strict time limits on personal injury claims. Missing these deadlines can permanently bar your right to recover, regardless of the merits of your case.

 

General Personal Injury Claims — Two-Year Statute of Limitations

For most personal injury claims — including car accidents, slip and falls, dog bites, and assault — California law requires that a lawsuit be filed within two years of the date of injury. Cal Code Civ Proc § 335.1. This deadline governs the vast majority of claims handled by personal injury attorneys.

 

Medical Malpractice — Special Rules Apply

Claims against health care providers are governed by a separate and more complex statute. An action for professional negligence must be filed within three years of the date of injury, or one year after the plaintiff discovered or reasonably should have discovered the injury, whichever occurs first. Cal Code Civ Proc § 340.5. Certain circumstances — including fraud, intentional concealment, or the presence of a foreign body — can toll this period. Cal Code Civ Proc § 340.5.

 

Birth Injuries — Extended Period for Minors

A minor who sustained injuries before or during birth has until six years after the date of birth to commence a personal injury action. Cal Code Civ Proc § 340.4.

 

Minors Generally — Tolling During Disability

When a person entitled to bring a personal injury claim is under the age of majority at the time the cause of action accrues, the statute of limitations is tolled — meaning the clock does not begin to run — during the period of that disability. Cal Code Civ Proc § 352. This tolling provision does not, however, apply to claims against public entities. Cal Code Civ Proc § 352.

 

Claims Against Government Entities — Critical Six-Month Deadline

If your injury was caused by a government entity or public employee — for example, in a collision with a city vehicle, a fall on poorly maintained public property, or an incident involving a public school — California's Government Claims Act imposes an additional and much shorter deadline.

 

Before filing a lawsuit against a public entity, you must first present a written claim to that entity. For personal injury claims, that claim must be presented no later than six months after the accrual of the cause of action. Cal Gov Code § 911.2 (2016). The public entity then has 45 days to act on the claim. Cal Gov Code § 912.4. If the entity rejects the claim — or fails to act within the statutory period, which constitutes a rejection by operation of law — written notice of the rejection triggers a further deadline within which a lawsuit must be filed. Cal Gov Code § 913.

 

If you miss the six-month deadline, you may apply to the public entity for leave to present a late claim, but the application must be made within one year of the accrual of the cause of action and must explain the reason for the delay. Cal Gov Code § 911.4. There is no guarantee the late claim will be accepted.

 

The practical consequence is significant: an injury victim who has two years to sue a private party may have as few as six months to take the first required step against a government entity. Consulting an attorney promptly after any accident involving a government entity is essential..

 

Understand How California Fault Law Works

California follows the doctrine of pure comparative fault, meaning that a plaintiff's recovery is reduced in proportion to his or her own percentage of fault — but is not eliminated, even if the plaintiff is equally or more at fault than the defendant. Li v. Yellow Cab Co., 13 Cal. 3d 804, 808 (1975). This is a significant protection for injured plaintiffs compared to states that still apply contributory negligence or modified comparative fault rules.

 

The Foundation of Negligence in California

Every personal injury claim in California rests on the same foundational framework: a plaintiff must establish that the defendant owed a duty of care, that the defendant breached that duty, and that the breach was the proximate cause of the plaintiff's injuries and resulting damages. Nally v. Grace Community Church, 47 Cal. 3d 278, 293 (1988). California Civil Code section 1714 codifies the general duty of care, providing that "[e]veryone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person." California Civil Code § 1714 (2023) :: 2023 California Code :: U.S. Codes and Statutes :: U.S. Law :: Justia.

 

Duty: The Rowland Factors

Whether a defendant owed a legal duty of care in a given situation is a question of law for the court. Where no statutory provision establishes an exception to the general duty under Civil Code section 1714, California courts evaluate whether an exception is warranted by examining the factors set out in Rowland v. Christian , 69 Cal. 2d 108 (1968). Rowland v. Christian, 69 Cal. 2d 108, 110 (1968). Those factors include the foreseeability of harm, the degree of certainty that the plaintiff suffered injury, the closeness of the connection between the defendant's conduct and the injury, and the availability, cost, and prevalence of insurance for the risk involved. Kosareff v. Fuente, 2022 Cal. Super. LEXIS 28029, 7 (Cal. Super. Ct., Los Angeles Cnty. 2022).

 

Comparative Fault in Product Liability Cases

California's pure comparative fault system applies not only to negligence claims but also to actions grounded in strict products liability. Daly v. General Motors Corp., 20 Cal. 3d 725, 730 (1978). A manufacturer or distributor of a defective product remains strictly liable for resulting injuries, but a plaintiff's own comparative fault may reduce the damages award. Daly v. General Motors Corp., 20 Cal. 3d 725, 730 (1978). This means that even if you contributed in some way to an accident involving a defective product, you may still be entitled to substantial compensation.

 

Negligence Per Se

When a defendant violates a statute, ordinance, or regulation of a public entity, and that violation proximately causes death or injury of the type the law was designed to prevent, to a person within the class of persons the law was designed to protect, California law establishes a presumption that the defendant failed to exercise due care. California Code, Evidence Code - EVID § 669 | FindLaw. This doctrine — known as negligence per se — can significantly simplify the proof of breach in cases involving traffic violations, building code violations, or other statutory infractions.

 

Be Cautious With Insurance Adjusters

Insurance representatives typically contact accident victims quickly, sometimes within hours of an incident. While those conversations may feel routine, they carry real legal risk.

 

A recorded statement, a premature settlement offer, or a release signed before the full extent of your injuries is known can severely limit your recovery. An early settlement offer rarely accounts for future medical costs, ongoing rehabilitation, lost earning capacity, or the full measure of your pain and suffering. Under California law, compensatory damages are intended to compensate for all detriment proximately caused by the tortfeasor's conduct, including medical expenses, lost wages, and general damages for pain and suffering. HOWELL v. HAMILTON MEATS PROVISIONS INC (2011) | FindLaw. Accepting a quick settlement before your medical prognosis is clear may mean giving up compensation for costs you have not yet incurred.

 

Before providing recorded statements, signing releases, or accepting any settlement offer, speak with a qualified California personal injury attorney.

 

Follow Through With Your Medical Treatment

Once your treating physician establishes a care plan, follow it consistently. Attend every appointment, complete recommended therapy, and communicate openly with your providers about your symptoms and limitations.

 

Gaps in treatment or unexplained breaks in care can be used by opposing counsel and insurance carriers to argue that your injuries resolved earlier than claimed, that you failed to mitigate your damages, or that your continuing symptoms are attributable to something other than the accident. Consistent, documented care protects both your health and the integrity of your claim.

 

Exercise Caution on Social Media

Social media activity can become directly relevant in personal injury litigation. Photographs, videos, location check-ins, and even casual comments posted to public or semi-public profiles may be obtained by opposing counsel during discovery and used to challenge the severity of your injuries or the extent of your limitations.

 

A photograph of you at a social event — even one taken on a good day, weeks into a painful recovery — can be presented out of context. California courts have broad discretion in discovery, and electronically stored information, including social media content, is within the scope of permissible discovery. While a party's destruction of relevant evidence after litigation has commenced may subject that party to sanctions — including adverse-inference instructions and, in egregious cases, terminating sanctions — the best practice is simply to avoid creating problematic content in the first place. Williams v. Russ, 167 Cal. App. 4th 1215, 1222 (2008).

 

For the duration of your claim, limit what you post online about the accident, your injuries, and your activities, and be mindful that content shared by friends and family can also create unwanted complications.

 

Preserve All Documentation Related to Your Injury and Losses

An injury generates a paper trail that tells the story of what happened to you and what it has cost you. Organize and retain:

• Medical records, discharge instructions, and bills from all treating providers
• Prescription receipts and records from pharmacies
• Physical therapy, chiropractic, and rehabilitation records
• Vehicle repair estimates and receipts
• Pay stubs and employer documentation reflecting missed work
• Transportation costs incurred for medical appointments
• Correspondence with insurance carriers

In addition to formal records, consider keeping a personal journal documenting your day-to-day experience of pain, limited mobility, sleep disruption, and functional limitations. This contemporaneous account can provide important context about the human impact of your injuries — context that goes beyond what medical records alone convey.

 

Contact a Personal Injury Attorney Promptly

California's statutes of limitations are unforgiving, and evidence becomes harder to preserve as time passes. Consulting with a personal injury attorney early in the process allows you to understand your rights, identify all potentially liable parties, and take the steps necessary to protect your claim before critical deadlines expire.

 

Whether your matter involves a car accident, a premises liability injury, a dog bite, a defective product, or medical negligence, the legal landscape in California is detailed and the procedural requirements are strict. An experienced California personal injury attorney can evaluate the specific facts of your case, identify the applicable deadlines, investigate liability, engage with insurers on your behalf, and, when necessary, pursue litigation to obtain the full compensation you are entitled to under the law.

 

Doulatshahi Law Offices represents injured individuals and families throughout Orange County and California. If you or a loved one has been injured due to someone else's negligence, contact our office to discuss your case and your options.