Are There Caps on Damages in California Personal Injury Cases?

Are there caps on the damages you can recover for a personal injury claim? The answer is yes, but only for one significant instance.

The only cap in California’s civil courts is for non-economic damages in medical malpractice cases. There is no cap in all other cases. However, any claim for damages must be supported by evidence and reason.

Our Los Angeles personal injury lawyer often get questions about damage caps in an injury claim. Here’s what you need to know about these so you can understand how much compensation you may be able to get from your claim.

Are Economic Damages Capped in California Personal Injury Claims?

Economic damages are designed to compensate individuals for the monetary losses they’ve suffered due to someone else’s negligence. These substantial losses include medical expenses, lost wages, and property damage. 

Calculating these losses can be complex because some economic damages are estimates based on future care needs. However, because they can be backed up by documents, negotiations for these can be straightforward.

If you are catastrophically injured, you may need millions in lifetime care. We can work with medical experts to document the costs of your injuries over time so you can get the full value of your claim. No legal cap limits how much you can recover for these damages.

Non-Economic Damages: The Human Cost of Injury

When you’re injured, it’s not just your physical well-being that’s affected – the emotional toll of an accident can be just as devastating, leading to emotional distress and a loss of enjoyment in activities you once loved. 

Understanding the impact of non-economic damages on your life is essential in seeking fair compensation for your injuries. Quite often, the value of non-economic damages is higher than economic damages. This is why they are often a target for caps in California personal injury claims. Some types of non-economic damages include:

Pain and Suffering

Pain and suffering are the unseen consequences of a personal injury, the lingering echoes of a traumatic event that can haunt you long after the initial shock has worn off. It can affect your relationships, work, and overall well-being, leading to a loss of quality of life. 

Emotional Distress

Emotional trauma can manifest as anxiety, fear, or depression, affecting your daily life and relationships. This can lead to a decline in your overall quality of life, making it difficult to enjoy activities you once loved or even perform everyday tasks.

Some common signs of emotional distress after an accident include:

• Changes in appetite or sleep patterns
  
• Difficulty concentrating or making decisions
  
• Feeling hopeless, helpless, or worthless
  
• Irritability, mood swings, or sudden outbursts of anger
  
• Physical symptoms such as headaches, stomach problems, or tremors

Loss of Enjoyment

Your injury has stolen more than just your physical well-being; it’s also taken away your ability to enjoy life’s simple pleasures. This significant aspect of non-economic damages cannot be overlooked since accidents can profoundly impact your daily life.

The inability to participate in activities you once loved can be devastating. Feeling frustrated and irritable due to chronic pain can make it challenging to maintain relationships with friends and family. You may struggle to find joy in things that previously brought you happiness, leading to a sense of loss and despair.

Some common examples of lost enjoyment include:

• Not being able to participate in hobbies or activities you love
  
• Feeling frustrated and irritable due to chronic pain
  
• Struggling to maintain relationships with friends and family
  
• No longer being able to enjoy outdoor activities or travel
  
• Feeling like you’ve lost your sense of purpose and identity

Non-Economic Damages and Medical Malpractice Claims

A recent law, Assembly Bill 35, changed the caps on non-economic damages for medical malpractice claims. If your case was filed before January 1st, 2023, the cap is $250,000. Cases filed after that point can be eligible for more. The amount rises each year.

By 2033, the maximum limits will be $750,000 for non-economic damages in cases without death and up to $1 million in wrongful death claims. Each year between 2023 and 2033 will see an increase over the previous year until this limit is reached.

The current amounts you can receive in 2025 are up to $430,000 in a non-fatal case and $600,000 in a fatal case.

Punitive Damages: When the Defendant Acts With Malice

Punitive damages are awarded to plaintiffs when defendants demonstrate reckless or intentional conduct that causes harm, serving as a means to punish the defendant for their egregious behavior and deter others from engaging in similar actions. 

The court has discretion on how much it can award for punitive damages, but they are constrained by previous cases for how much is a reasonable amount to receive. They cannot give an excessive amount of punitive damages.

Punitive damages are rare. Most personal injury claims will not be eligible to receive them. If your case may qualify, our team can ask the court to award them to you in trial.

Don’t Worry About Caps on Damages in California Medical Malpractice Claims

Unless you are pursuing a medical malpractice claim, you do not have to worry about caps on damages. Therefore, if we take your case, you need not fear that the law will automatically limit how much you can receive even if you could get more.

Our experienced attorneys will work diligently to help you win all the compensation you’re owed after you’re injured. To discuss your case, contact J&Y Law for a free consultation.