Los Angeles Personal Injury Attorneys | California Injury Law Firm

Steven M. Sweat, Personal Injury Lawyers, APC is a Los Angeles personal injury law firm representing accident victims throughout California. Our attorneys have practiced exclusively on the plaintiff side of personal injury law for more than 30 years, recovering hundreds of millions of dollars for clients injured in motor vehicle collisions, premises liability incidents, catastrophic injury cases, and wrongful death matters across Los Angeles County and California.

This page is a comprehensive guide to California personal injury law and our firm’s practice. Below, you will find an explanation of the four legal elements required to prove a California personal injury claim, the statute of limitations deadlines that apply to your case, the categories of damages available under California law, how comparative fault affects recovery, and the full range of personal injury and wrongful death cases our Los Angeles personal injury attorneys handle.

Why Choose Our Los Angeles Personal Injury Law Firm

In a market saturated with personal injury advertising, choosing the right Los Angeles personal injury attorney is one of the most consequential decisions you will make after an injury. Insurance companies maintain internal databases on every plaintiff’s firm in California — they track which firms try cases, which firms settle for low offers to close files quickly, and which firms have the resources to litigate complex catastrophic injury claims through trial. The reputation your attorney brings to the negotiating table directly determines what is offered.

Three Decades of Exclusive California Personal Injury Practice

Founding attorney Steven M. Sweat has practiced exclusively on the plaintiff side of California personal injury law since the early 1990s. The firm does not handle defense work, criminal defense, business litigation, or transactional matters. Every case in the office is a personal injury, wrongful death, or related civil claim. This focus produces specialists rather than generalists — at every level of the firm, from intake through trial.

Verifiable Independent Credentials

Many attorney rating systems are pay-to-play. The credentials below are independently awarded based on peer review, verified case outcomes, or invitation-only criteria:

• Super Lawyers — recognized every year since 2012 (peer-reviewed; fewer than 5% of California attorneys)
• Avvo Rating: 10.0 “Superb” — the platform’s highest tier
• Multi-Million Dollar Advocates Forum — membership requires verified seven- or eight-figure recoveries
• National Trial Lawyers: Top 100 — invitation-only, based on trial verdicts
• Better Business Bureau A+ Rating — three decades of practice with a clean complaint record

Personal Attorney Involvement — No Settlement-Mill Practices

California’s personal injury market includes a number of high-volume “settlement mill” firms that take on thousands of cases at a time, delegate most client interaction to non-attorney case managers, and prioritize quick settlement over maximum recovery. At Steven M. Sweat, Personal Injury Lawyers, APC, every consultation is conducted by an attorney, and every case the firm accepts is personally directed by Steven M. Sweat. Clients know who is handling their file at every stage of the case.

California Personal Injury Law: The Four Elements of Negligence

To recover compensation in a California personal injury case, a plaintiff must prove four legal elements by a preponderance of the evidence — meaning it is more likely than not that each element is true. These elements form the legal backbone of nearly every personal injury claim in California, regardless of whether the case involves a car accident, slip and fall, medical malpractice, or wrongful death.

1. Duty of Care

The defendant owed the plaintiff a legal duty to act with reasonable care. The scope of this duty depends on the relationship between the parties and the circumstances. California drivers owe other roadway users a duty to operate vehicles safely under California Vehicle Code § 22350. Property owners owe lawful visitors a duty to maintain their premises in a reasonably safe condition under California Civil Code § 1714(a). Doctors owe patients a duty to provide care meeting the professional standard of practice.

2. Breach of Duty

The defendant breached the duty of care — meaning the defendant’s conduct fell below the standard of care a reasonable person would have exercised under the circumstances. A driver running a red light breaches the duty owed to other roadway users. A grocery store that fails to clean up a known spill for hours breaches the duty owed to customers. A surgeon who operates without informed consent breaches the duty owed to the patient.

3. Causation

The defendant’s breach was both the actual cause (the “but-for” cause) and the proximate cause (the legal cause) of the plaintiff’s injuries. California uses the substantial factor test for causation in most cases — the defendant’s conduct must have been a substantial factor in bringing about the harm. Causation is frequently the most contested element in personal injury litigation, particularly in cases involving pre-existing medical conditions or multiple potential causes.

4. Damages

The plaintiff suffered actual, legally recognized damages as a result of the defendant’s breach. Damages may be economic (medical expenses, lost income, property damage), non-economic (pain and suffering, emotional distress, loss of enjoyment of life), or, in cases of malicious or oppressive conduct, punitive damages under California Civil Code § 3294. Without provable damages, even a clear breach of duty does not support recovery.

For a more detailed walkthrough of how these elements apply in practice, see our guide: Do I Have a Personal Injury Case? A California Lawyer’s Guide.

Statute of Limitations for California Personal Injury Claims

California sets strict deadlines for filing personal injury lawsuits. These deadlines — called statutes of limitations — vary depending on the type of claim and the identity of the defendant. Missing the applicable deadline typically forecloses your right to recover, regardless of how strong the underlying case might have been. The deadlines below are the most common ones; specific cases may involve other applicable limitations periods.

• Standard personal injury claims — Two years. Under California Code of Civil Procedure § 335.1, most personal injury actions must be filed within two years of the date of injury. This includes auto accidents, motorcycle crashes, slip and falls, dog bites, and most negligence claims.
• Claims against government entities — Six months for the claim, then two years to sue. Under California Government Code § 911.2, a written tort claim must be filed with the responsible public entity within six months of the injury. If the claim is rejected, the lawsuit must typically be filed within six months of the rejection. This affects claims involving city or county vehicles, dangerous public roadway conditions, public transit accidents, and injuries on public property.
• Medical malpractice — One or three years. Under California Code of Civil Procedure § 340.5, medical malpractice actions must generally be filed within three years of the injury date or one year after the injury was discovered, whichever occurs first.
• Wrongful death — Two years from the date of death. Under California Code of Civil Procedure § 335.1, wrongful death claims must be filed within two years of the decedent’s death — not the date of the underlying injury.
• Product liability — Two years. Personal injury claims arising from defective products are governed by the same two-year period under § 335.1, subject to the discovery rule for latent defects.
• Minors — Tolling until the 18th birthday. Under California Code of Civil Procedure § 352, the statute of limitations is tolled while the injured person is under 18. The clock starts running on the 18th birthday.

Important: These deadlines are firm. Even one day past the statute of limitations typically forecloses your case entirely. If you are uncertain which deadline applies to your case, consult an experienced California personal injury attorney immediately. Free consultations are available 24/7 at 866-966-5240.

For a full discussion of statute of limitations rules in California personal injury cases, see: What Is a Statute of Limitations? Deadlines Explained.

Damages Available in California Personal Injury Cases

California personal injury law allows recovery of three primary categories of damages: economic damages, non-economic damages, and — in cases involving malicious, fraudulent, or oppressive conduct — punitive damages. The total compensation in any individual case depends on the strength of liability evidence, the severity of injuries, the available insurance coverage, and the credibility of the plaintiff’s documentation.

Economic Damages

Economic damages compensate for objectively measurable financial losses caused by the injury. These typically include:

• Past medical expenses (emergency room, surgery, hospitalization, physical therapy, prescriptions, medical devices)
• Future medical expenses (ongoing treatment, surgeries, long-term care, rehabilitation)
• Past lost wages (income lost from the date of injury through the date of settlement or trial)
• Future lost earning capacity (income the plaintiff will lose because of permanent injury)
• Property damage (vehicle repairs, replacement of damaged personal property)

Out-of-pocket costs (transportation to medical appointments, household services the plaintiff cannot perform)

Non-Economic Damages

Non-economic damages compensate for subjective harms — losses that are real but not easily reduced to a dollar figure. California does not cap non-economic damages in standard personal injury cases (medical malpractice cases are subject to MICRA limits under Civil Code § 3333.2). Non-economic damages typically include:

• Pain and suffering (physical pain, both past and future)
• Emotional distress (anxiety, depression, PTSD, sleep disruption caused by the injury)
• Loss of enjoyment of life (inability to engage in activities the plaintiff previously enjoyed)
• Disfigurement and scarring
• Loss of consortium (the spouse’s loss of companionship and intimacy)

Punitive Damages

Punitive damages are available under California Civil Code § 3294 in cases where the plaintiff proves by clear and convincing evidence that the defendant acted with malice, fraud, or oppression. Punitive damages are designed to punish wrongdoers and deter similar conduct, rather than to compensate the plaintiff. They are most commonly awarded in cases involving drunk driving, intentional misconduct, gross negligence, or corporate cover-ups of known dangers.

For detailed examples of how California personal injury claims are valued in practice, see: Pain and Suffering Settlement Examples — Amounts and Factors.

Comparative Fault: How Partial Fault Affects Your Recovery

California is a pure comparative negligence state. Under the rule established in Li v. Yellow Cab Co., 13 Cal.3d 804 (1975), and codified in California Civil Code § 1431.2, an injured plaintiff’s recovery is reduced by the percentage of fault attributable to that plaintiff — but partial fault does not bar recovery entirely. This is one of the most plaintiff-favorable comparative fault rules in the United States.

How It Works in Practice

If a jury awards $200,000 in damages but finds the plaintiff was 30% at fault for the accident, the plaintiff still recovers $140,000 (70% of the verdict). Even a plaintiff found 90% at fault recovers 10% of the damages — California has no “50% bar” or “51% bar” rule that exists in some other states.

Why This Matters at Intake

Many California injury victims abandon valid claims because they assume any fault on their part is fatal to recovery. It is not. What matters is what percentage of fault the defense can prove, and what an experienced personal injury attorney can do to minimize that percentage through accident reconstruction, witness testimony, and expert analysis. If you are uncertain whether you have a case because of partial fault concerns, consult an attorney before assuming the worst.

Types of Personal Injury Cases We Handle

Our Los Angeles personal injury attorneys handle the full range of California injury and wrongful death cases. The categories below cover the major practice areas; click through to each linked sub-page for a detailed discussion of liability rules, damages, and case strategy specific to that injury type.

Motor Vehicle Accidents

• Los Angeles car accident attorneys — auto collisions, rear-end accidents, T-bone collisions, DUI crashes, distracted driving cases.
• Motorcycle accident lawyers in Los Angeles — left-turn collisions, lane-splitting incidents, helmet law issues, biker bias defense.
• Truck and commercial vehicle accident attorneys — big-rig collisions, FMCSA regulation cases, employer liability under respondeat superior.
• Bicycle accident attorneys — driver-vs-cyclist collisions, dooring incidents, dangerous bike-lane conditions.
• Pedestrian accident lawyers — crosswalk collisions, parking lot strikes, unmarked-crosswalk fact patterns.
• Uber and Lyft (rideshare) accident claims — TNC insurance tier analysis under California AB 2293.
• Bus accident claims — city bus, school bus, charter bus, and shuttle injuries.
• Train accident claims — Metrolink, Amtrak, freight rail, and railroad crossing collisions.

Premises Liability

• California premises liability claims — overarching practice page for property-owner negligence cases.
• Slip and fall lawyers in Los Angeles — store, restaurant, and commercial property fall cases.
• Negligent security claims — assault and battery on inadequately secured properties.
• Swimming pool accidents and drowning claims — California pool owner liability under Nichols v. Keller.
• Dog bite injury claims — strict liability under California Civil Code § 3342.
• Elevator and escalator accidents — common carrier liability and inspection failures.
• Amusement park accident claims — roller coaster, water park, and ride malfunction cases.
• California retail store accident claims — falling merchandise, parking lot incidents, and store-specific defense patterns.

Catastrophic & Serious Injuries

• Brain injury attorneys (TBI cases) — concussion, contusion, and severe traumatic brain injury claims.
• Spinal cord injury lawyers — paraplegia, quadriplegia, and permanent spinal disability.
• Burn injury and fire accident claims — chemical, electrical, thermal, and explosion-related burns.
• Orthopedic injuries and fractures — major fractures requiring surgery or hardware.
• Construction site injury claims — third-party claims, OSHA violations, contractor liability.
• Workplace injury claims — third-party negligence cases parallel to workers’ compensation claims.

Wrongful Death & Civil Abuse Claims

• California wrongful death lawyers — claims under California Code of Civil Procedure § 377.60.
• Sexual assault and abuse civil claims — institutional and individual defendant cases.
• Nursing home abuse and neglect — Welfare and Institutions Code § 15600 elder abuse claims.
• Dependent adult abuse claims — abuse of vulnerable adults in care settings.
• Police misconduct and civil rights claims — excessive force, wrongful shooting, and 42 U.S.C. § 1983 claims.

Other Personal Injury Practice Areas

• Defective products (product liability) — design defect, manufacturing defect, and failure-to-warn cases.
• Boat and watercraft accident claims — recreational and commercial watercraft injuries.
• Cruise ship accident claims — admiralty law and passenger injury cases.
• Airplane and aviation accidents — commercial, private, and helicopter accident claims.

If your case type is not listed above, contact our office directly. Our personal injury practice covers the full range of California civil injury and wrongful death claims, and the case categories above are not exhaustive.

Recent Case Results

The case results below are representative of the personal injury and wrongful death matters our firm has resolved on behalf of California clients. Past results do not guarantee future outcomes — every case is evaluated on its own facts, liability evidence, and damages.

$2,000,000 — Auto Accident

Settlement on behalf of a California auto accident victim with serious injuries.

$1,500,000 — Sexual Assault Civil Claim

Recovery in a civil sexual assault case against an institutional defendant.

$1,300,000 — Wrongful Death

Settlement for surviving family members in a California wrongful death matter.

For additional case results across our practice areas, see our full case results page

Frequently Asked Questions About California Personal Injury Claims