California
Pre-Settlement Funding in California
If you have an active personal injury lawsuit in California, pre-settlement funding can provide a non-recourse cash advance against your case's expected value — no credit check, no monthly payments, and repayment only from your settlement if your case wins.
California uses pure comparative negligence, gives most plaintiffs two years to file, and caps non-economic damages only in medical malpractice cases under a cap that is currently rising each year under recent reform.
Know the Law
California Personal Injury Law: What Affects Your Case
Outside of medical malpractice, California does not cap compensatory damages — full economic and non-economic damages are recoverable in cases like car accidents, premises liability, and product liability.
| Fault Rule | Pure comparative negligence (Li v. Yellow Cab) — recovery is reduced by your percentage of fault but never eliminated, even if you are mostly at fault. |
|---|---|
| Statute of Limitations | Generally 2 years from the date of injury for personal injury claims (Cal. Code Civ. Proc. § 335.1). |
| Medical Malpractice Cap | Non-economic damages in medical malpractice cases are capped under MICRA, with the cap raised by AB 35 (2022) and now increasing annually — confirm the current-year figure before publishing. |
| Liability Rule | Proposition 51 (Civil Code § 1431.2): several liability for non-economic damages — each defendant pays only their share of non-economic damages, while economic damages remain subject to joint and several liability. |
| General Damages Cap | No cap on compensatory damages outside the medical malpractice context. |
Eligibility
Who Qualifies for Funding in California
California sees a high volume of personal injury litigation, and most active cases with attorney representation can be reviewed for funding — car accidents, rideshare accidents, premises liability, product liability, and workplace third-party claims are all common case types.
Because California's courts are among the busiest in the country, cases involving multiple defendants or contested liability can take time to move through litigation. Funding review focuses on the strength of liability and the realistic settlement range rather than how long the case has been pending.
Why It Matters
Why Comparative Fault Helps California Plaintiffs
Because California's pure comparative negligence rule never bars recovery outright, cases with some degree of disputed fault are not automatically disqualified from funding the way they might be in a modified-comparative-fault state with a 50% or 51% bar. The percentage of fault still affects the case's expected value, but it is one factor among several, not an all-or-nothing cutoff.
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Q&A
Frequently Asked Questions
Can I get funding if I was partly at fault for my California accident?
Often, yes. California's pure comparative negligence rule allows recovery even when you are majority at fault, with damages reduced proportionally rather than eliminated.
How long do I have to file a personal injury lawsuit in California?
Generally two years from the date of injury, though claims against government entities have a much shorter notice deadline — confirm your specific deadline with your attorney.
Does California cap damages in my case?
Outside of medical malpractice, California does not cap compensatory damages. In medical malpractice cases, non-economic damages are capped under a figure that increases annually under recent reform.
Are rideshare accident cases eligible for funding?
Yes. Rideshare and other auto accident cases are common case types reviewed for pre-settlement funding in California.
How fast can I get funding for a California case?
Most applications are reviewed within 24 hours of receiving your information and attorney confirmation.
California
Ready to Apply?
If you have an active personal injury case in California, apply with Caseflow Capital today — most reviews are completed within 24 hours.