If you were hurt in a California car accident, you can sue for three main categories of compensation:
- Economic damages like medical bills, lost wages, and car repairs
- Non-economic damages for pain, emotional distress, and loss of enjoyment
- Punitive damages when the at-fault party acted with extreme misconduct.
California uses comparative fault, which means your recovery can be reduced by your share of responsibility, but you can still make a claim even if you were partly at fault.
With 4,061 traffic deaths reported statewide in 2023, and thousands more serious injuries each year, accidents are an unfortunate but common reality on California roads, according to the Office of Traffic Safety.
At Crown & Stone Law, P.C. in Beverly Hills, we build these cases with careful investigation, clear documentation, and steady communication. Our team is known for fast responses, real empathy, and thorough research that finds proof others miss.
If you are ready to understand what your claim may cover and what steps come next, we will meet you where you are and start building a plan that fits your situation.
Key Takeaways
- You can sue for economic, non-economic, and sometimes punitive damages.
- Your payout is reduced if you share fault but you can still recover.
- Prop 213 and Prop 51 limit certain damages.
- Deadlines apply and multiple parties may be liable.
3 Types of Economic Damages You Can Recover After a Car Accident
In California, these are fully recoverable if you can prove the connection to your accident.
1. Medical Care, Rehab, and Future Treatment
Your medical damages include everything from the ambulance ride to long-term physical therapy. That means ER visits, hospital stays, surgeries, prescriptions, medical devices, and ongoing treatment. If your doctor says you’ll need future care, those costs can be estimated and added to your claim.
Evidence to Save
- Emergency and hospital bills
- Specialist and therapy invoices
- Prescription receipts
- Doctor’s notes about future care needs
- Insurance Explanation of Benefits (EOBs)
2. Lost Wages and Diminished Earning Capacity
If you missed work while recovering, you can recover your lost income. If your injury affects your ability to work in the same capacity, or at all, you can also seek damages for diminished earning capacity.
Evidence to Save
- Pay stubs showing pre- and post-accident earnings
- Employer letter confirming missed work and wage rate
- Tax returns (for self-employed)
- Vocational professional evaluations for future loss
3. Property Damage and Out-of-Pocket Costs
This covers repairing or replacing your vehicle and any personal property damaged in the crash, such as laptops, phones, or car seats. It also includes towing, rental car costs, and even transportation to medical appointments.
Evidence to Save
- Repair shop estimates and invoices
- Photos of damage
- Rental car receipts
- Receipts for replaced items or transportation costs
Non-Economic Damages (Pain, Emotional Distress, Loss of Enjoyment)
Non-economic damages compensate you for the changes in your life that don’t show up on a bill but affect you just as deeply. In California, these include the physical pain, emotional toll, and loss of enjoyment you experience because of your injuries. There’s no set formula for calculating these damages, which makes your proof and presentation vital.
What Counts as Non-Economic Harm in California
California recognizes several categories of non-economic damages in car accident cases:
- Physical pain from your injuries and treatments
- Emotional distress such as anxiety, depression, PTSD
- Loss of enjoyment of life if you can’t do hobbies, sports, or daily activities you used to enjoy
- Disfigurement or scarring that changes your appearance or confidence
- Loss of consortium for a spouse or partner affected by the injuries
Evidence Strategies for Invisible Injuries
Because non-economic damages aren’t tied to receipts, your credibility and documentation are key. We often guide clients to:
- Keep a pain journal logging symptoms, limits, and daily frustrations
- Collect photos or videos showing lifestyle changes (e.g., using mobility aids, missing family events)
- Get statements from family, friends, or coworkers about changes they’ve observed
- Obtain mental health evaluations if you’ve sought therapy or counseling
Understanding Prop 213
California’s Proposition 213 limits non-economic damages in certain cases. If you were:
- Driving without insurance at the time of the crash, or
- Convicted of DUI in connection with the crash
You generally cannot recover non-economic damages, even if the other driver was at fault.
Important exceptions: Prop 213 doesn’t apply if you were a passenger, if the crash happened on private property, or if the at-fault driver was convicted of certain crimes. Knowing whether Prop 213 applies to your case is one of the first legal checks we perform.
At Crown & Stone Law, P.C., we put extra time into building this part of your claim. We know insurers like to undervalue non-economic damages, so we use your story, your records, and professional opinions to make these invisible losses impossible to ignore.
Punitive Damages
Punitive damages aren’t meant to compensate you, they’re designed to punish the defendant for extreme misconduct and to discourage similar behavior in the future. In California, these awards are rare in car accident cases but can be powerful when the facts support them.
California’s Legal Standard and Proof Burden
Under California Civil Code §3294, you can only recover punitive damages if you prove, by clear and convincing evidence, that the defendant acted with:
- Malice: Intent to cause injury or conduct with willful disregard for others’ safety
- Oppression: Despicable conduct that subjects you to cruel and unjust hardship
- Fraud: Intentional misrepresentation or deceit that causes harm
This standard is higher than the “preponderance of the evidence” required for regular damages.
Examples That Can Support Punitive Exposure
Punitive damages in car accident cases are often tied to egregious or intentional misconduct, such as:
- Severe DUI cases with high blood alcohol levels or prior DUI convictions
- Street racing or reckless driving at extreme speeds
- Hit-and-run crashes where the driver flees the scene
- Deliberate vehicle ramming during a road rage incident
- Knowingly operating an unsafe vehicle that the driver was warned about
In each scenario, we would collect police reports, toxicology results, eyewitness statements, and any video evidence to build the “clear and convincing” proof required.
How Fault Changes Your Payout
California follows a pure comparative negligence rule. That means your compensation is reduced by your percentage of fault, whether you were 5% or 95% at fault, but you’re never completely barred from recovery unless you were 100% responsible.
The Impact of Prop 51
Under Proposition 51, each defendant is only responsible for their share of non-economic damages based on their percentage of fault.
Economic damages (like medical bills and lost wages) remain jointly and severally liable, so you can recover the full amount from any defendant, who can then seek reimbursement from others.
Example:
- Jury awards $60,000 in economic damages and $40,000 in non-economic damages
- Defendant A: 60% at fault; Defendant B: 40% at fault
- Either defendant can be pursued for the full $60,000 in economic damages
- For non-economic damages, Defendant A pays $24,000. Defendant B pays $16,000
Timing, Deadlines, and Special Rules
Car accident claims in California are bound by strict deadlines. Missing one can mean losing your right to recover, no matter how strong your case is.
Statute of Limitations for Personal Injury and Property Damage
For most car accident injury claims, you have two years from the date of the crash to file a lawsuit. For property damage alone, the deadline is three years.
Government Claims Deadline
If your accident involved a government vehicle or unsafe public property, you must file a government claim within six months of the incident. The agency has 45 days to respond, if denied, you can then file a lawsuit within a short window.
Special Situations to Know About
- Minor plaintiffs: If the injured person is under 18, the statute of limitations is paused until their 18th birthday (but evidence should still be preserved immediately).
- Delayed discovery of injury: In rare cases, the clock may start when you discover, or reasonably should have discovered, an injury linked to the crash.
- Criminal cases: If the at-fault driver faces criminal charges, your civil case can still proceed, but strategic timing may help leverage evidence from the criminal case.
At Crown & Stone Law, P.C., we file early and work backward from these deadlines to make sure nothing slips through. This early action also helps us lock in evidence, like surveillance video or witness statements, before they disappear.
Who You Can Sue (and When It Makes Sense)
In many California car accident cases, you’re not limited to suing the other driver. Identifying additional responsible parties can increase the pool of insurance coverage and help you recover the full value of your damages.
Negligent Driver and Employer (Respondeat Superior)
If the at-fault driver was on the job at the time of the crash, their employer can be held liable under respondeat superior. This is common in delivery, trucking, and rideshare accidents.
Example: A courier runs a red light while making deliveries and injures you, the courier’s employer’s insurance could also be on the hook.
Product Defect Claims
If a faulty car part (brake system, airbags, steering) contributed to the crash, you may have a claim against the vehicle manufacturer or parts supplier under California product liability law.
Example: A defective tire blows out on the freeway, causing a multi-car collision.
Roadway Defect or Poor Maintenance
Dangerous road conditions, like potholes, obscured stop signs, or poorly designed intersections, can create liability for a city, county, or state agency. These cases follow the six-month government claim rule.
Negligent Maintenance or Repair Shops
If a mechanic’s poor work directly causes an accident, such as failing to properly secure brakes after a repair, you can sue the repair shop or garage.
Talk to Crown & Stone Law, P.C.
Your damages are more than numbers, they’re the story of how this crash changed your life. We’re here to make sure that the story is told clearly, backed by evidence, and valued at its full worth under California law.
At Crown & Stone Law, P.C., you get more than a lawyer who files paperwork. You get a team that explains the process in plain English, and digs until we’ve uncovered every coverage option and legal angle. We move quickly to protect your rights and build the strongest claim possible.
Call us now for your free consultation. We can meet in person, online, or wherever it’s easiest for you. Don’t face insurers or deadlines alone, trust Crown & Stone to fight for the compensation you deserve.
