Are There Damage Caps for California Personal Injury Cases?

In general, California personal injury cases do not have caps, or maximums, on the amount of financial compensation that can be recovered by a plaintiff. However, there are some circumstances where the damages awarded are subject to a statutory limit, such as a medical malpractice claim.

What Is a Damage Cap?

A damage cap refers to a limit imposed on the amount of money that can be awarded to a plaintiff in a personal injury lawsuit. Many states have caps on specific types of damages, often to protect certain defendants (such as public entities and hospitals). In other states, damage caps are enforced to help prevent fraudulent claims from being filed.

Most Personal Injury Cases in California Do Not Have Damage Caps

Most plaintiffs or filing parties in California will not encounter any damage caps that reduce the amount they receive in a judgment award. Standard personal injury cases such as car accidents, truck accidents, slip and falls, premises liability claims, and product liability cases do not have caps on economic or non-economic damages in California.

With no damage cap, a jury can award any amount they see fit to a plaintiff if they decide that the defendant is liable (or legally responsible). Economic damages are typically calculated based on specific losses the victim suffered, such as the price of medical bills. Non-economic damages are subjective; a jury can award any amount they believe is appropriate based on the severity of the victim’s injuries.

Medical Malpractice Claims

Medical malpractice claims are an exception to the rule in California; they come with damage caps. A claim brought against a health care provider (a hospital, doctor, surgical center, birthing center, etc.) has a cap on non-economic damages. 

Under the Medical Injury Compensation Reform Act, the caps as of January 1, 2026, are:

• Non-death medical malpractice case: $470,000 for pain and suffering

• Wrongful death medical malpractice case: $650,000 for pain, suffering and loss of consortium

These caps will increase annually by $40,000 for injury cases and $50,000 for wrongful death cases until reaching $750,000 and $1 million, respectively, in 2033. Economic damages in California medical malpractice cases remain uncapped, allowing victims to completely recover the costs of all related medical treatments, lost wages and bills. 

Punitive Damages

There are two types of damages available in a personal injury case in California: compensatory and punitive. Compensatory damages are the most common. They compensate a victim for losses suffered to make them whole again. Punitive damages are designed to punish the defendant for especially wrongful or negligent actions.

In California, punitive damages do not have a specific dollar amount as a cap. However, the California Supreme Court prohibits “grossly excessive or arbitrary” punitive damage awards. The amount awarded by a jury should be reasonable based on the nature of the defendant’s misconduct, the extent of the harm suffered by the plaintiff and punitive awards that were granted in comparable cases.

How a Los Angeles Injury Attorney Can Help You Maximize Your Damages

If you get badly hurt in a preventable accident in California, it’s important to protect yourself during the legal process by hiring a personal injury lawyer in Los Angeles, CA to represent you. A lawyer can help to maximize your damages by accurately calculating your losses, collecting key evidence in support of your claim and negotiating with insurance claims adjusters on your behalf until reaching a fair settlement. If necessary, your lawyer can take your case to trial for a full recovery.