Personal Injury Law

Personal Injury Law in California: What You Need to Know

If you were hurt because someone else was careless – whether in a car crash, a fall at a store, a dog attack, or an accident caused by a defective product – California law gives you the right to pursue compensation from the person or company responsible. That compensation can cover your medical bills, lost income, pain and suffering, and the full long-term cost of what happened to you.

The Law Offices of Asher Hoffman is a personal injury firm based in Los Angeles. We represent injured people throughout Southern California – in the courtroom, at the negotiating table, and everywhere in between. Our practice is built on direct attorney access, honest case evaluation, and genuine trial-readiness. We work on contingency, which means you pay nothing unless we win.

This page gives you an overview of how personal injury law works in California, the types of cases we handle, how we approach our work, and how to reach us for a free consultation.

What Is a Personal Injury Claim?

A personal injury claim is a civil lawsuit or pre-litigation demand that seeks compensation from the party whose negligence caused your injury. To win a personal injury case in California, a plaintiff generally needs to establish four elements:

  • Duty. The defendant owed a legal duty of care to the plaintiff – for example, the duty drivers owe to others on the road, or the duty property owners owe to visitors.
  • Breach. The defendant breached that duty by acting unreasonably under the circumstances.
  • Causation. The breach caused the plaintiff’s injuries.
  • Damages. The plaintiff suffered actual harm – physical, financial, or both.

Personal injury cases can involve car accidents, slip and falls, dog bites, workplace accidents caused by third parties, defective products, medical malpractice, and many other situations where someone’s carelessness causes harm to another person.

Practice Areas

Our firm handles the full range of personal injury cases in California. Below are the main practice areas our team works on, with links to dedicated pages that go deeper on each type of claim.

Car Accidents

Motor vehicle collisions are the most common source of personal injury claims in California. Whether you were rear-ended on the freeway, hit by a distracted driver at an intersection, or injured in a multi-vehicle pileup, our firm has the experience to investigate the crash, document your damages, and negotiate or litigate for full compensation. Learn more about car accident claims in Los Angeles.

Truck Accidents

Crashes involving semi-trucks, big rigs, and commercial vehicles are among the most serious in personal injury law. These cases often involve federal trucking regulations, multiple liable parties (driver, carrier, freight broker, shipper), and catastrophic injuries. Acting quickly to preserve black-box data and maintenance records is essential. Learn more about truck accident claims.

Motorcycle Accidents

Motorcyclists face disproportionate injury risk on California’s roads. They are often hit by drivers making left turns, changing lanes without checking mirrors, or opening car doors into a lane of traffic. Our firm pursues full damages for riders, including the long-term impact of orthopedic injuries, traumatic brain injuries, and road rash. Learn more about motorcycle accident claims.

Pedestrian Accidents

Pedestrians struck by vehicles often suffer catastrophic injuries – broken bones, spinal injuries, traumatic brain injuries, and worse. California law provides strong protections for pedestrians, and drivers are held to a high standard at crosswalks and in areas where pedestrian traffic is reasonably foreseeable. Learn more about pedestrian accident claims.

Bicycle Accidents

Cyclists are among the most vulnerable road users. Crashes involving car doors, unsafe right hooks, and intersection collisions cause serious injuries that can affect work, mobility, and quality of life for years. Our firm handles bicycle accident claims throughout Los Angeles and Southern California. Learn more from our Los Angeles bicycle accident lawyer page.

Uber, Lyft, and Rideshare Accidents

Rideshare accidents create complicated insurance coverage questions. Whether you were a passenger in a rideshare vehicle, a driver hit by one, or a pedestrian struck during a pickup or drop-off, we analyze every layer of available coverage to identify the maximum recovery. Learn more about Los Angeles rideshare accident claims.

Slip and Fall and Premises Liability

Property owners — including businesses, landlords, and government entities — must maintain reasonably safe conditions for visitors. When a wet floor, broken handrail, inadequate lighting, uneven pavement, or other hazard causes a fall, the property owner or operator may be liable. Visit our dedicated Los Angeles premises liability lawyer page for a full overview of your rights, or learn more about slip and fall claims in Los Angeles.

Dog Bites and Animal Attacks

California has one of the strongest dog bite statutes in the country. Dog owners are strictly liable for injuries their dogs cause – regardless of whether the dog had ever bitten anyone before. We represent children and adults injured in dog attacks throughout Los Angeles and Southern California. Learn more about dog bite claims.

Wrongful Death

When someone’s negligence causes a fatal accident, surviving family members may bring a wrongful death claim. These cases can recover funeral and burial costs, loss of financial support, loss of companionship, and more. We handle wrongful death cases with the seriousness and care they require. Learn more about wrongful death claims in Los Angeles.

Brain and Spinal Cord Injuries

Traumatic brain injuries and spinal cord injuries are among the most life-altering consequences of serious accidents. These injuries can affect cognitive function, mobility, earning capacity, and independence for years or permanently. Our firm partners with medical experts and life-care planners to build cases that capture the full future cost of these injuries.

What Damages Can You Recover in a California Personal Injury Case?

California law allows injured plaintiffs to recover two categories of damages:

Economic damages cover the direct financial impact of the injury. This includes:

  • Past and future medical expenses – emergency care, surgery, hospitalization, physical therapy, medication, specialist visits, imaging, and ongoing treatment
  • Lost wages and lost earning capacity, including future income affected by permanent disability
  • Property damage – vehicle repair or replacement, personal property destroyed in the accident
  • Out-of-pocket costs – transportation to appointments, home modifications, in-home care, and similar expenses

Non-economic damages compensate for the human impact of the injury – the parts that don’t show up on a medical bill. This includes pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (the impact on close family relationships). California imposes no cap on non-economic damages in personal injury cases.

In cases where the defendant acted with fraud, oppression, or malice, California also allows punitive damages – an additional amount designed to punish especially reckless or intentional conduct and deter similar behavior.

Calculating damages in a serious injury case is not simple. Future medical needs require expert analysis. Lost earning capacity requires vocational and economic experts. Pain and suffering require understanding how the injury actually affected the person’s life. Our firm invests in the expert work that supports full compensation, not just the easy-to-calculate numbers.

How California Personal Injury Law Works

A few legal rules shape the outcome of virtually every personal injury case in California:

Statute of limitations (CCP 335.1). You generally have two years from the date of injury to file a personal injury lawsuit in California. Missing this deadline almost always means losing your right to recover. There are some exceptions – for minors, for late-discovered injuries, and for cases involving government defendants – but you should never rely on an exception without first speaking with an attorney.

Six-month government claim rule. If your injury was caused by a government entity – a city, county, the State of California, a public school, or any other public agency – you must file a written government tort claim within six months of the injury before you can file a lawsuit. This rule applies to crashes on public roads caused by government vehicles, falls on city-owned property, and many other situations. Missing the six-month deadline is catastrophic.

Comparative negligence (Li v. Yellow Cab). California follows a pure comparative negligence rule, which means you can recover damages even if you were partially at fault for the accident. However, your recovery is reduced by your percentage of fault. If you were 25 percent at fault and your total damages are $200,000, you recover $150,000. Insurance companies will often argue that you were more at fault than you actually were – which is one reason having an attorney matters.

Medical damages (Howell v. Hamilton). Under this California Supreme Court decision, personal injury plaintiffs can generally only recover the amounts that medical providers accepted as payment in full – not the higher amounts that were billed. This rule affects how damages are calculated and presented, particularly in cases with significant medical bills.

Economic and non-economic damages. California allows recovery of both. Economic damages include medical expenses, lost wages, future treatment costs, and property damage. Non-economic damages include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. There is no cap on non-economic damages in personal injury cases (as opposed to medical malpractice cases, which have a separate rule).

How Our Firm Approaches Personal Injury Cases

Insurance companies are not on your side. Their job is to pay as little as possible on your claim, and they are very good at it – particularly when a claimant is unrepresented. How our firm works differently:

Contingency fee – no upfront cost. We only get paid if you do. Our fee is a percentage of the recovery. If we don’t win, you owe us nothing. That means we are financially invested in getting you the best possible result.

Free consultation. Every case starts with a no-obligation free consultation. We listen to what happened, give you an honest assessment of your case, and explain what the process looks like from here. You decide whether to move forward. No pressure.

Direct attorney access. When you call our office, you reach your attorney – not a rotating cast of assistants or case managers. Asher is personally involved in every case from intake to resolution.

Focus on serious injuries. Our firm concentrates on cases involving significant injuries – orthopedic injuries, spinal injuries, traumatic brain injuries, fractures, soft-tissue injuries requiring surgery, and cases involving long-term or permanent disability. Serious injuries require serious preparation.

Willingness to litigate. We prepare every case as if it will go to trial. That preparation changes the dynamic in settlement negotiations. Insurance companies know which firms will litigate and which will settle for anything. Our reputation for trial-readiness directly affects what insurers offer our clients.

Honest communication. We tell clients what their case is realistically worth, what weaknesses exist, what the process will look like, and how long it is likely to take. We don’t overpromise. We don’t disappear between phone calls.

About Asher Hoffman

Asher Hoffman is the founder of the Law Offices of Asher Hoffman. He represents seriously injured plaintiffs throughout Southern California in personal injury, wrongful death, and catastrophic injury cases. Asher underwent spinal fusion surgery for severe scoliosis and understands firsthand what it means to navigate the medical system, face an uncertain recovery, and deal with the financial pressure that serious injuries create. That experience is reflected in how he treats clients: with directness, empathy, and a genuine commitment to fighting for the result they deserve.

Before founding his practice, Asher worked in personal injury litigation and developed a precise understanding of how insurance companies evaluate and resolve claims – knowledge he now uses on behalf of injured plaintiffs. His office is at 4929 Wilshire Blvd, Suite 780, Los Angeles, CA 90010, convenient to clients throughout the greater Los Angeles area.

Frequently Asked Questions About California Personal Injury Claims

How do I know if I have a personal injury case?

If you were injured because someone else was careless – a driver who ran a red light, a store that left a wet floor unmarked, a dog owner whose pet bit you – you likely have a claim worth evaluating. The best way to find out is a free consultation with an attorney. There is no cost and no obligation.

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

Generally, two years from the date of injury (CCP 335.1). For claims against government entities, the deadline for a written government tort claim is just six months. Do not wait – evidence disappears and witnesses become harder to reach over time.

What if I can’t afford a lawyer?

Our firm works on a contingency-fee basis. You pay nothing upfront. We are paid only if we recover compensation for you. If we don’t win, you owe us nothing.

What if I was partly at fault for the accident?

California follows pure comparative negligence. You can still recover damages if you were partially at fault – your recovery is simply reduced by your percentage of fault. Don’t assume that being partly responsible means you have no case.

How long does a personal injury case take?

It depends on the complexity of the case, the severity of the injuries, and whether the insurer cooperates. Straightforward cases with clear liability may resolve within a few months of treatment completion. Cases with disputed liability, multiple parties, or serious injuries may take longer. We give every client a realistic timeline early in the process.

What if the at-fault driver was uninsured?

If you have uninsured or underinsured motorist (UM/UIM) coverage on your own policy, that coverage may pay for your injuries when the at-fault driver has no insurance or not enough insurance. We handle UM/UIM claims and can evaluate what coverage is available to you.

Do I have to go to court?

Most personal injury cases settle before trial. But we prepare every case for trial, because that preparation is what produces fair settlements. We don’t take cases we aren’t willing to litigate.

What to Expect From the Personal Injury Process

Every case is different, but most personal injury cases follow a similar arc:

  1. Free consultation and intake. We discuss what happened, review any available evidence, and assess the case. If we take it, we explain the fee agreement and next steps.
  2. Investigation and evidence preservation. We gather police reports, medical records, witness statements, surveillance footage, black-box data, and other evidence. In some cases, we involve accident reconstruction experts early.
  3. Medical treatment and documentation. You continue treating. We track your records, bills, and progress. Once you reach maximum medical improvement (or your treatment plan is clear), we can calculate total damages.
  4. Demand and negotiation. We send a demand to the at-fault party’s insurer, supported by medical records, bills, and a damages calculation. Negotiation follows. Many cases resolve at this stage.
  5. Litigation if necessary. If the insurer refuses to pay a fair amount, we file suit and litigate. This is not a bluff. We try cases.

Cities We Serve Across Southern California

Our personal injury attorneys represent accident victims throughout Los Angeles County and Southern California. Click your city for local accident information, hospital resources, court details, and how our firm handles cases in your area:

Entertainment Industry Practice

In addition to personal injury, the Law Offices of Asher Hoffman handles plaintiff-side entertainment industry matters including right of publicity claims, unauthorized use of likeness or image, AI and digital replica cases, Lanham Act false endorsement, and on-set personal injury for crew and performers. These cases are handled on contingency, the same as our personal injury practice.

Contact Us for a Free Consultation

If you or someone you care about has been seriously injured in an accident anywhere in Southern California, we want to hear from you. You don’t need to have everything figured out before you call. You just need to tell us what happened, and we’ll take it from there.

There is no fee unless we recover compensation for you. Consultations are free. We serve clients throughout Los Angeles County and Southern California.

Call (877) 792-4529 or contact us online to get started.

×