Free, confidential case reviews. Reviewed by the attorney. (714) 261-9895
(714) 261-9895
Orange, California
Practice Areas · Personal Injury

Injured because someone else was careless?

Two numbers matter before anything else.

Free · Confidential · Reviewed by the attorney · Typically replies within 48 hours

Most California injury claims must be filed within two years, and public entities can give you only six months.

2yearsMost personal injury claims (Code of Civil Procedure §335.1)
6monthsWritten claim to a public entity: a city, county, school district, or transit agency (Government Code §911.2)

Miss the six-month window and the case can end before it starts.

The details

Where personal injury fits at this firm

DeRosa Law Firm concentrates its practice on employment law. Taylor DeRosa also represents a limited number of people in serious injury matters, handled the same way: personally, from intake through resolution.

He is a sole practitioner. No case manager sits between you and the attorney.

Matters are handled in Orange County Superior Court, and in Los Angeles, San Bernardino, or Riverside Superior Court where the defendant sits there.

The details

How long do I have to file an injury claim in California?

Two years from the date of injury for most negligence claims, under Code of Civil Procedure §335.1. Some claims run on different clocks, including certain professional negligence matters and contractual windows in insurance disputes.

SituationDeadlineAuthority
Most injury claims against a private person or business2 years from the injuryCCP §335.1
Claim against a public entity (city, county, school, transit, state)6-month written claim to the entityGovt. Code §911.2
Lawsuit after a public entity rejects the claim6 months from written rejectionGovt. Code §945.6

The government-claim rule catches people constantly: a collision with a city vehicle, a fall on public property, an injury on a bus or at a public hospital. It is a formal written presentation to the entity, not a phone call.

What it can be worth

What is my case worth?

There is no formula, and any figure quoted before the medical picture is clear is a guess. What drives value:

Medical treatment and prognosis

What the injury required, what it will require, whether it is permanent.

Lost income and lost earning capacity

Time missed, and work you can no longer do.

Liability clarity

How disputed fault is, and what the evidence shows.

Available insurance and assets

A claim is only collectible against what exists to pay it.

Documentation

Records, photographs, and consistent medical history carry more weight than recollection.

Non-economic damages (pain, lost function, and the things you stopped doing) are recoverable in California, and they are what an insurer works hardest to shrink.

An early offer usually arrives before anyone knows what the injury will cost. Accepting it generally releases the claim for good, including treatment not yet performed.

If any of this sounds familiar, let’s find out where you stand.

Tell us what happened in plain English: free, confidential, and reviewed by the attorney. If it isn’t a case, we’ll tell you that too.

The details

What if I was partly at fault?

California follows pure comparative negligence, adopted in Li v. Yellow Cab Co. (1975). Being partly responsible does not bar recovery; it reduces it in proportion to your share of fault. A person found 30 percent at fault may recover 70 percent of proven damages. Assigning you a percentage is a routine part of how insurers build an offer.

What it can be worth

Injured at work: personal injury or workers’ compensation?

If you were hurt on the job, workers’ compensation is generally the exclusive remedy against your employer under Labor Code §3600. It pays medical treatment and disability benefits without proof of fault, and does not pay for pain and suffering.

A separate personal injury claim may still exist against someone who is not your employer: a negligent driver, a property owner, a contractor on the site, or a manufacturer of defective equipment. Those third-party claims run alongside a comp claim.

There is also an employment dimension people miss. Being fired, demoted, or pushed out after reporting an injury, filing a workers’ compensation claim, or raising a safety concern can be unlawful retaliation under Labor Code §132a, §6310, and §1102.5. The injury claim and the retaliation claim are separate matters, and the second has its own deadline.

The details

Who would handle it

Taylor DeRosa takes a limited number of injury matters, personally, alongside an employment practice built on trial work.

In employment litigation, a separate practice area from personal injury, he obtained a $41,098,250 verdict, as trial counsel with Rizio Lipinsky. That result was an employment matter, not a personal injury case, and no personal injury outcome is described on this page.

Every case is different. Prior results do not guarantee a similar outcome; each result depends on the specific facts and law of that matter.

Common questions about injury claims

Common questions, answered

How long do I have to file a personal injury lawsuit in California?

Generally two years from the date of injury under Code of Civil Procedure §335.1. Claims against a public entity require a written claim to that entity within six months under Government Code §911.2, and suit within six months of a written rejection. Deadlines depend on the facts of your situation.

The insurance company already offered me money. Should I take it?

An early offer typically arrives before the full medical picture exists, and accepting it generally releases the claim for good, including future treatment. Many people have an offer evaluated against documented treatment, prognosis, and lost income before responding.

Do I have a case if I was partly at fault?

Possibly. California uses pure comparative negligence, so a share of fault reduces recovery proportionally rather than eliminating it. Someone found 30 percent responsible may recover 70 percent of proven damages. Apportionment depends on the evidence, not the insurer’s first assessment.

I was hurt at work. Is that a personal injury case or workers’ compensation?

Against your employer, workers’ compensation is generally the exclusive remedy under Labor Code §3600. A personal injury claim may still exist against a third party such as a negligent driver, property owner, or equipment manufacturer. Both can proceed at the same time.

What does it cost to hire an injury attorney?

Injury matters are handled on a contingency-fee basis: there is no attorney’s fee unless we obtain a recovery for you. Clients may be responsible for court costs and litigation expenses, as set out in the written fee agreement. The initial case review is free and confidential.

What should I do right now?

Medical treatment and follow-through come first. Records, photographs, and witness names matter later. A statement given to another party’s insurer is evidence, and the six-month public-entity deadline runs quickly.

Related: retaliation and whistleblower · wrongful termination · all practice areas · glossary

Talking costs nothing. Waiting can.

Deadlines in California are short and unforgiving: some claims expire in months, not years. A free, confidential case review tells you where you stand while every option is still open. Reviewed by the attorney. Typically replies within 48 hours.

Start the Conversation

Representing employees and injured people in Orange County, Los Angeles County, the Inland Empire (Riverside and San Bernardino Counties), and throughout Southern California.

Attorney Advertising. DeRosa Law Firm. Taylor E. DeRosa, responsible attorney for this communication. California State Bar No. 319853. Address of record: 5811 Pine Avenue, Suite B, Chino Hills, CA 91709. Serving Orange County, Los Angeles County, the Inland Empire, and all of Southern California. Prior results do not guarantee a similar outcome. The information on this website is general information, not legal advice, and reading it does not create an attorney-client relationship.