By As Law Online 
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws and regulations can vary by jurisdiction and change over time. Readers should consult a qualified attorney for advice specific to their situation.
Introduction
Personal injury claims arise when an individual suffers harm due to another party’s negligence or wrongful actions, such as in car accidents, slips and falls, or workplace incidents. In California, where attorney Harrison Kaplan practices at Kaplan Law Corporation, these claims are governed by statutes like the California Civil Code and federal laws for specific industries, such as the Federal Employers’ Liability Act (FELA) for railroad workers. This guide, drawing on established legal principles, aims to help individuals understand the process of pursuing compensation for medical expenses, lost wages, and pain and suffering.
Why does this matter now? With recent legislative changes in California, including adjustments to damage caps in medical malpractice cases and the upcoming expiration of temporary provisions for survival actions in 2026, timely action is crucial. Personal injury claims affect millions annually—according to the California Department of Insurance, over 50,000 injury claims are filed each year in the state alone. Impacted parties include victims, their families, employers, and insurers, as unresolved claims can lead to prolonged financial and emotional strain.
This overview provides clarity for those navigating the system, emphasizing the importance of evidence, deadlines, and professional guidance to achieve fair outcomes.
Background & Legal Context
Personal injury law in the United States traces its roots to common law principles of negligence, where a party owes a duty of care to others and breaches it, causing harm. In California, this is codified under Civil Code Section 1714, which holds individuals responsible for injuries resulting from a lack of ordinary care. Historically, reforms like the Medical Injury Compensation Reform Act (MICRA) of 1975 capped non-economic damages in medical malpractice cases at $250,000, a limit that has been incrementally increased in recent years to address inflation and access to justice.
For specialized areas, such as railroad injuries under FELA (45 U.S.C. § 51 et seq.), enacted in 1908, the law imposes liability on employers for negligence contributing even slightly to an injury. This federal statute preempts state workers’ compensation laws for interstate railroad workers, allowing for jury trials and recovery of both economic and non-economic damages. Attorney Harrison Kaplan’s firm, Kaplan Law Corporation, has a long history of handling such cases, securing multi-million-dollar verdicts for injured workers.
Prior rulings from the California Supreme Court, such as in Li v. Yellow Cab Co. (1975), established comparative negligence, where damages are reduced by the plaintiff’s percentage of fault but not barred unless they exceed 50% in certain contexts. Legislative intent behind these frameworks is to balance victim compensation with preventing frivolous lawsuits, as seen in ongoing debates over tort reform.
Key Legal Issues Explained
Navigating a personal injury claim involves understanding core concepts like negligence, causation, and damages. Negligence requires proving four elements: duty, breach, causation, and harm. For instance, a driver has a duty to obey traffic laws; failing to stop at a red light (breach) that causes a collision (causation) resulting in injuries (harm) could lead to liability.
Causation is often the crux—plaintiffs must show the defendant’s actions were the proximate cause, not a superseding event. In plain English, this means linking the negligence directly to the injury, often with medical records or expert testimony.
Damages fall into economic (quantifiable, like medical bills and lost wages) and non-economic (subjective, like pain and suffering). In California, there’s no cap on economic damages in general personal injury cases, but MICRA limits non-economic damages in medical malpractice to $350,000 in 2023, rising to $500,000 by 2026 for non-death cases. Punitive damages, aimed at punishing egregious conduct, are rare and require clear and convincing evidence of malice (Civil Code § 3294).
Statutes of limitations are critical: in California, most personal injury claims must be filed within two years from the injury date (Code of Civil Procedure § 335.1). Exceptions apply for minors or delayed discovery, such as in toxic exposure cases.
Insurance plays a key role—California requires minimum auto liability coverage (Insurance Code § 11580.1), but underinsured motorists can complicate recovery. Comparative fault under Proposition 51 (Civil Code § 1431.2) apportions liability among multiple defendants for non-economic damages.
For workplace injuries, standard claims fall under workers’ compensation (Labor Code § 3200 et seq.), providing no-fault benefits but limiting lawsuits. However, FELA allows railroad workers to sue for negligence, offering broader recovery but requiring proof of fault.
Practical examples: In a slip-and-fall at a store, proving the owner knew of a hazard (e.g., via security footage) establishes negligence. In auto accidents, police reports and witness statements bolster claims.
Latest Developments or Case Status
California’s personal injury landscape is evolving in 2026. A key change is the sunset of Senate Bill 447, which temporarily allowed recovery of non-economic damages (pain, suffering, disfigurement) in survival actions—claims brought by a decedent’s estate. Effective January 1, 2026, these actions revert to economic damages only, impacting wrongful death litigation where decedents suffered pre-death harm.
MICRA caps continue to rise: for medical malpractice, non-economic damages increase to $500,000 for injury cases and $750,000 for wrongful death, with annual adjustments. This stems from Assembly Bill 35 (2022), aiming to modernize 1975 limits.
A proposed ballot initiative for November 2026 seeks to regulate personal injury lawyers, requiring victims receive at least 75% of damages and capping attorney fees at 20% for settlements over $50,000. If passed, it could reshape attorney-client dynamics.
Workers’ compensation updates expand protections for public safety workers and address benefit gaps, per bills enacted in 2025. Additionally, new laws revive certain sexual assault claims where statutes of limitations expired, allowing filings through 2026 if cover-ups are alleged.
Nationally, trends include larger verdicts due to rising medical costs and technology’s role in evidence (e.g., dash cams). In California, cases like those handled by Kaplan Law Corporation highlight ongoing successes, such as a $4.38 million verdict in 2024 for a railroad worker’s shoulder injury under FELA.
Who Is Affected & Potential Impact
Personal injury claims impact a broad spectrum: victims (individuals suffering physical or emotional harm), families (facing lost income or caregiving burdens), businesses (liable for premises or product defects), and institutions like railroads or healthcare providers.
Consumers in auto accidents may recover less if partially at fault under comparative negligence. Railroad workers, a focus for attorney Harrison Kaplan, benefit from FELA’s lower negligence threshold but face employer scrutiny in claims. Businesses could see higher insurance premiums from larger verdicts, potentially passing costs to consumers.
Possible outcomes: Successful claims provide compensation, but delays or denials exacerbate financial strain. The 2026 survival damages reversion may reduce incentives for quick settlements in fatal cases, while MICRA increases could encourage more medical malpractice filings.
What This Means Going Forward
These developments underscore the need for vigilance in personal injury law. The expiration of survival non-economic damages signals a return to stricter limits, potentially undervaluing decedents’ suffering. Rising MICRA caps may improve access to justice in healthcare, but overall, California’s framework remains plaintiff-friendly compared to states with tort reforms like Florida’s two-year statute.
For the public, this means acting swiftly—document injuries, seek medical care, and consult attorneys early. Industries like transportation should prioritize safety to mitigate liability. Readers should monitor ballot initiatives and court decisions, such as from the California Supreme Court, for further shifts.
Staying informed via resources like the California Courts’ self-help guide can empower better decisions.
Conclusion
Navigating personal injury claims demands understanding legal nuances, from negligence proofs to damage calculations. As California adapts with 2026 changes, victims must prioritize timely action and expert guidance. This guide highlights the public relevance of fair compensation systems, encouraging readers to stay informed through reputable sources like the State Bar of California. By doing so, individuals can better protect their rights in an evolving legal landscape.
Frequently Asked Questions
What is the first step after a personal injury?
Seek immediate medical attention to document injuries, then consult an attorney to evaluate your claim.
How long do I have to file a claim in California?
Generally two years from the injury date, but exceptions apply for minors or government entities.
What damages can I recover?
Economic (bills, wages) and non-economic (pain), subject to caps in specific cases like medical malpractice.
Do I need a lawyer for a personal injury claim?
While not mandatory, attorneys like Harrison Kaplan can negotiate better settlements and handle complex processes.
What if I’m partially at fault?
Under comparative negligence, your recovery is reduced by your fault percentage.
How do FELA claims differ?
They require proving employer negligence but allow fuller recovery without workers’ comp limits.