By Samuel Geller, Founder, Geller Law, P.C. · San Francisco, California | Last reviewed: October 2026
A cyclist is clipped by a delivery van on Valencia Street. A tourist slips on a wet ramp at a Union Square store. A Muni passenger is thrown forward when a bus brakes hard. Each of them may have a claim, but how much they can recover, and from whom, depends on California rules that most people never hear about until after they are hurt.
This guide explains the types of compensation available in a California personal injury case, the rules that can reduce or bar a recovery, and the San Francisco deadlines that catch people off guard.
| Type of damages | What it covers | Key California limits |
| Economic | Medical bills, future care, lost wages, lost earning capacity, property damage | Past medical bills limited to amounts actually paid or owed |
| Non-economic | Pain, suffering, emotional distress, loss of enjoyment of life | Barred for most uninsured drivers; several liability among defendants |
| Punitive | Punishment for malice, oppression, or fraud | Requires clear and convincing evidence |
The Legal Basis for a Claim
California’s general negligence rule is in Civil Code § 1714(a): everyone is responsible for injuries caused by their failure to use ordinary care. To recover, an injured person generally has to show that the other party owed a duty of care, breached it, and caused the injury, and that the injury produced real losses.
Cases arise from car, bicycle, and pedestrian crashes, rideshare collisions, falls on unsafe property, dog bites, defective products, and many other situations. A driver who runs a stop sign at a busy Mission District intersection, or a property owner who ignores a broken handrail, can be responsible for the harm that follows.
Economic Damages
Economic damages are losses with a dollar figure: emergency and hospital care, surgery, therapy, medications, future medical care, lost wages, reduced earning capacity, and property damage. They are proven with bills, pay records, tax returns, and, for future losses, testimony from doctors and economists.
One California rule surprises many people. Under Howell v. Hamilton Meats & Provisions, Inc. (2011), the California Supreme Court held that recovery for past medical expenses is limited to the amount actually paid or owed, not the higher amount a hospital originally billed. If a hospital billed $80,000 and accepted $25,000 from health insurance, the $25,000 figure usually controls.
Non-Economic Damages
Non-economic damages compensate for harms without a receipt: physical pain, emotional distress, anxiety, sleep loss, scarring, and the loss of activities a person once enjoyed. There is no formula. Juries consider the severity and duration of the injury, how treatment went, and how daily life changed. Journals, photos, and statements from family and coworkers often help show these losses.
California does not cap non-economic damages in ordinary injury cases. The exception is medical malpractice, where the Medical Injury Compensation Reform Act (MICRA), as amended in 2022, sets caps that rise each year.
Rules That Can Reduce or Bar Compensation
Pure comparative fault
California follows pure comparative negligence, adopted by the California Supreme Court in Li v. Yellow Cab Co. (1975). An injured person’s damages are reduced by their own percentage of fault, but they can still recover even if they were mostly at fault. A pedestrian found 30% responsible for stepping out against the signal would recover 70% of their damages.
Proposition 51 and multiple defendants
When several parties share fault, Civil Code § 1431.2 makes each defendant responsible for non-economic damages only in proportion to its own share of fault. Economic damages remain joint and several, so any liable defendant can be required to pay all of them. That difference matters when one defendant has little insurance.
Proposition 213 and uninsured drivers
Under Civil Code § 3333.4, a driver who was uninsured at the time of a car crash generally cannot recover non-economic damages, such as pain and suffering, from another driver, even if the other driver was entirely at fault. The same rule applies to drivers convicted of DUI in connection with the crash. Economic damages remain recoverable, and there are exceptions, including when the at-fault driver was intoxicated.
Deadlines: Two Years, or Six Months for the City
Most California personal injury lawsuits must be filed within two years of the injury under Code of Civil Procedure § 335.1.
Claims against a public entity are very different. If the City and County of San Francisco, SFMTA (including Muni buses, light rail, and cable cars), BART, or another government agency is responsible, a written government claim must generally be presented within six months of the injury under Government Code § 911.2. Missing that deadline can end the claim, no matter how strong it is. Dangerous sidewalks, defective traffic signals, and transit collisions all fall into this category.
When the At-Fault Driver Is Also Charged With a Crime
Many serious San Francisco injury cases involve a driver who is arrested, for DUI, hit-and-run, or reckless driving. The criminal case and the civil injury claim are separate, and they move on different timelines.
A criminal court can order the defendant to pay restitution to the victim for economic losses under Penal Code § 1202.4, such as medical bills and lost wages. Restitution does not cover pain and suffering, and it is often difficult to collect from an individual defendant. A civil claim is usually what reaches the driver’s insurance policy. How the criminal case ends can also affect the civil one: a guilty plea can sometimes be used as evidence of fault, while a no-contest plea to a misdemeanor generally cannot.
Lawyers who have worked on both sides of the courtroom often watch the criminal file closely for police reports, toxicology results, and witness statements that also matter in the injury claim. For readers looking for a trusted personal injury lawyer in San Francisco to review those overlapping issues, the key is to coordinate both cases so that statements made in one do not undermine the other.
What to Do After an Injury
- Get medical care right away, and follow through with recommended treatment. Gaps in care are a common reason insurers reduce offers.
- Photograph the scene, your injuries, and any vehicles or hazards before they change.
- Get names and contact details for witnesses, and ask nearby businesses to keep any video.
- Request the police or incident report.
- Keep all bills, pay stubs, and a short daily record of symptoms and limitations.
- Do not give a recorded statement to the other side’s insurer or sign a release before you understand the full extent of your injuries.
- If a government entity may be involved, note the six-month claim deadline.
A Note on Case Results
Geller Law’s published case results currently feature criminal defense outcomes rather than personal injury recoveries, so no injury result is cited here. Settlement values depend on the injuries, the insurance available, comparative fault, and the evidence in each case. Readers should be cautious of any source that promises a particular amount.
Frequently Asked Questions
Is there a cap on pain and suffering in California?
Not in most personal injury cases. Medical malpractice cases are the main exception, under MICRA.
Can I recover if I was partly at fault?
Yes. California uses pure comparative fault, so your damages are reduced by your share of fault but not eliminated.
How long do I have to file a claim against Muni or the City of San Francisco?
Generally six months from the injury to present a written government claim before any lawsuit can be filed.
Can I recover pain and suffering if I was driving without insurance?
Usually not. Proposition 213 bars most uninsured drivers from recovering non-economic damages in car accident cases, though economic damages remain available.
Authorities & Sources
- Civil Code § 1714: General duty of care
- Code of Civil Procedure § 335.1: Two-year limitations period
- Government Code § 911.2: Six-month deadline for claims against public entities
- Civil Code § 1431.2 (Proposition 51): Several liability for non-economic damages
- Civil Code § 3333.4 (Proposition 213): Uninsured driver limits
- Penal Code § 1202.4: Victim restitution
Disclaimer
This article provides general information about California personal injury law. It is not legal advice, and reading it does not create an attorney-client relationship. Laws change, and every case depends on its own facts. Anyone injured in San Francisco or elsewhere in California should speak with a licensed California attorney about their situation.
