Sacramento Personal Injury Lawyer

Under California Code of Civil Procedure §335.1, most personal injury victims in Sacramento County have two years from the date of injury to file suit in Sacramento County Superior Court—missing this deadline permanently bars your claim. If a government entity caused your injury, such as the City of Sacramento or Sacramento County, you must first file a government tort claim within six months under Government Code §911.2 before any lawsuit can proceed. An attorney at our Sacramento personal injury office can calculate your exact deadline and identify which limitations period applies to your case.

California follows pure comparative negligence, established in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804, meaning you can recover damages even if you were partially at fault—your award is simply reduced by your percentage of fault. For example, if a jury awards $100,000 but finds you 30% responsible for a collision on US-50, you would collect $70,000. Insurance adjusters routinely inflate claimant fault percentages to minimize payouts, so counter those assignments with accident reconstruction evidence and independent witness testimony.

Yes, but California’s Government Claims Act (Government Code §910 et seq.) requires you to file a written claim with the responsible agency within six months of the incident before filing any lawsuit. If the government denies your claim or takes no action within 45 days, you then have six months to file in Sacramento County Superior Court under CCP §945.6. Common government liability cases involve dangerous road conditions maintained by the Sacramento County Department of Transportation or collisions with City of Sacramento vehicles. Our Sacramento personal injury attorneys manage the strict procedural deadlines that can end a case before it even begins.

California Civil Code §3333 allows Sacramento accident victims to recover economic damages—including medical bills, lost wages, and future care costs—as well as non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. Unlike medical malpractice, there is no statutory cap on non-economic damages in standard car accident cases, so serious crashes on I-5, US-50, or SR-99 can support substantial awards. In cases involving drunk driving or other egregious conduct, punitive damages are also available under Civil Code §3294. Our Sacramento car accident attorneys document the full scope of your losses to maximize your recovery.

Most personal injury claims in Sacramento County settle without trial within 12 to 24 months of the injury, though complex cases filed in Sacramento County Superior Court can take longer depending on disputed liability and injury severity. Cases involving government defendants add mandatory claim periods under Government Code §910, which can extend the overall timeline by several months before a lawsuit is even permitted. California courts generally schedule civil trials within 18 months of filing, and waiting until you reach maximum medical improvement before settling ensures your damages reflect the full extent of your injuries.

California’s Transportation Network Company laws (Vehicle Code §5430–5437) require rideshare companies to maintain tiered insurance coverage based on the driver’s status at the time of the crash. When a Sacramento driver is actively transporting a passenger, Uber and Lyft each provide $1 million in liability coverage; when the app is on but no ride is accepted, coverage drops to $100,000 per person and $300,000 per incident. Sacramento’s major rideshare corridors—including Downtown, Midtown, and the Sacramento International Airport area—see frequent accidents involving multiple overlapping insurance policies. Our Sacramento personal injury attorneys identify every available coverage source to maximize your recovery.

California imposes no cap on non-economic damages—pain, suffering, and emotional distress—in standard personal injury cases such as car accidents or slip and falls under Civil Code §3333. Medical malpractice is the significant exception: California’s MICRA law (Civil Code §3333.2) limits non-economic damages to $350,000 for non-death cases as of January 1, 2023, rising annually to $750,000 by 2033 under AB 35. For Sacramento wrongful death cases involving medical negligence, the current cap is $500,000, increasing to $1,000,000 by 2033. Our attorneys analyze which limits apply so you understand the realistic value of your claim before any settlement discussions begin.

Call 911 so the California Highway Patrol or Sacramento Police Department responds and creates an official accident report—a critical piece of evidence for any insurance or legal claim. Seek medical evaluation at UC Davis Medical Center or another Sacramento-area facility even if injuries seem minor, since gaps in treatment are routinely used by insurers to undervalue claims and dispute injury severity. Vehicle Code §20008 also requires you to report accidents involving injury or death to the DMV within 10 days. Preserve all photos, witness contact information, and dashcam footage before speaking with any insurance adjuster or giving a recorded statement.

Yes—California’s pure comparative negligence rule allows you to recover damages proportional to the other party’s fault even if you bear significant responsibility, codified in Civil Code §1714 and confirmed in Li v. Yellow Cab Co. (1975) 13 Cal.3d 804. A traffic citation issued by Sacramento Police or CHP at the scene does not conclusively determine civil liability and can be challenged with independent evidence and expert analysis. Insurance companies routinely overstate claimant fault to minimize payouts, making attorney representation essential before signing any release. Our Sacramento car accident lawyers use accident reconstruction and independent investigations to establish accurate fault percentages on your behalf.

California Civil Code §3342 imposes strict liability on dog owners when their dog bites someone in a public place or while the victim is lawfully on private property—meaning you do not need to prove the owner knew the dog was dangerous or had a prior history of aggression. Sacramento County Animal Control enforces local leash ordinances, and a violation of those ordinances can strengthen a bite victim’s civil claim by establishing the owner’s failure to comply with a public safety statute. The standard two-year statute of limitations under CCP §335.1 applies to dog bite claims filed in Sacramento County Superior Court. Our Sacramento personal injury attorneys handle bite cases involving public spaces like McKinley Park and private properties throughout the county.

Under California Civil Code §1714, Sacramento County property owners owe a duty of reasonable care to maintain safe premises for all lawful visitors, and liability arises when they knew or should have known about a dangerous condition—such as a wet floor, broken pavement, or inadequate lighting—and failed to fix or warn of it. California courts apply a totality of circumstances test to distinguish actionable hazards from trivial defects, considering the defect’s size, visibility, duration, and surrounding conditions. Government property owners such as the City of Sacramento require a tort claim under Government Code §911.2 within six months before any lawsuit can proceed. Our attorneys handle slip and fall cases throughout Sacramento County, from retail stores to city-maintained sidewalks and public parking structures.

California CCP §340.5 governs medical malpractice claims and requires filing within one year from the date you discovered—or should have discovered—the injury, or within three years from the date of the negligent act, whichever occurs first. Before filing in Sacramento County Superior Court, California law requires serving a 90-day notice of intent to sue on each defendant healthcare provider, which effectively compresses an already tight deadline. Under MICRA (Civil Code §3333.2), non-economic damages are currently capped at $350,000 for non-death cases, rising to $750,000 by 2033 under AB 35. If you received treatment at UC Davis Medical Center or another Sacramento-area hospital and suspect substandard care caused your injury, prompt legal consultation is critical.

During your case, medical expenses are typically covered through your own health insurance, Medi-Cal, or medical payment (MedPay) coverage on your auto policy while the underlying liability claim is resolved. California’s collateral source rule prevents defendants from reducing your damages simply because your health insurer paid some bills—although your insurer may assert a reimbursement lien against your eventual settlement proceeds. Some Sacramento personal injury attorneys work with medical providers who treat on a lien basis, meaning care is provided now and paid from your settlement at case resolution. Understanding which coverage applies first is essential to avoiding treatment gaps that insurers use to dispute the nature and severity of your injuries.

California Code of Civil Procedure §377.60 allows surviving spouses, domestic partners, children, and certain other dependents to bring a wrongful death action when a family member is killed by another’s negligence or wrongful conduct. Recoverable damages under CCP §377.61 include lost financial support, loss of companionship and guidance, funeral expenses, and the economic value of household services the deceased would have provided. The two-year statute of limitations under CCP §335.1 begins on the date of death, but if a Sacramento government entity is involved, the six-month Government Claims Act deadline under Government Code §911.2 must be satisfied first. Our attorneys handle wrongful death cases in Sacramento County Superior Court for families throughout the greater Sacramento region.

California law requires insurers to offer uninsured motorist bodily injury coverage with every auto policy, but drivers may waive it in writing under Insurance Code §11580.2—a decision that can be financially devastating after a crash with an uninsured driver. Sacramento County consistently experiences high rates of uninsured drivers, making UM coverage especially valuable given accident volumes on local freeways including I-80, I-5, and SR-99. If the at-fault driver carries no insurance, your UM policy functions as the substitute coverage, and most disputes proceed to binding arbitration under the policy terms rather than through the Sacramento County Superior Court. Our Sacramento car accident lawyers handle uninsured and underinsured motorist claims from initial demand through arbitration.