Pure comparative2-year ordinary injury clock
California (Jan. 1, 2023)
AB 35 adjusted MICRA. No general PI noneconomic cap.
Last checked Aug 31, 2026 · LawyerUnc editorial. Educational only, not legal advice.
- If you share blame
- If you share blame, your recovery is cut by that percentage. You can still recover even if you were mostly at fault.
- Ordinary injury time limit
- 2 years. Cal. Civ. Proc. Code § 335.1. Tolling, discovery rules, and other claim types can change that. Use the time-limit tool, then have a lawyer confirm the subsection.
- Caps on pain and suffering
- MICRA caps noneconomic damages in med-mal. AB 35 (2022) raised the cap on a schedule starting in 2023 (non-death and wrongful-death tracks differ).
What that actually means
California is still pure comparative for ordinary negligence. Sharing blame cuts the check. It does not zero it out.
The political fight is medical malpractice. MICRA's noneconomic cap is real, and AB 35 is the first major reset in decades. Confirm the year-of-injury number. It steps up over time.
Two years is the ordinary injury clock. Government claims have notice traps on top of that.