No, there are generally no damage caps in California personal injury cases. However, there is one notable exception for medical malpractice cases.
Keep reading to learn more about damages and damage caps in California personal injury cases.
What Are Damages?
Damages generally make up the losses that people suffer because of someone else’s actions. Compensatory damages refer to the money awarded in a personal injury case and include both economic and non-economic damages.
Economic damages have a direct economic impact, such as:
- Medical bills for emergency treatment and transportation, hospital stays, and surgical costs
- Payment for ongoing medical care from primary care physicians, specialists, rehabilitation, and physical therapy
- Future medical expenses
- Lost wages
- Reduced earning capacity
- Property damage repair or replacement expenses
Non-economic damages are more subjective but represent harm that accident victims suffer that is not financial in nature, such as:
- Physical pain and suffering
- Mental anguish
- Emotional distress
- Reduced quality of life
- Scarring and disfigurement
California courts can also award punitive damages in cases involving fraud, oppression, or malice, in order to punish the defendant or deter similar conduct in the future.
What Are Damages Caps?
Damage caps are the maximum amount of money that can be awarded in a case. Some states set these limits to try and combat excessive or inflated damage awards.
California does not limit damages in personal injury cases.
This means that a dedicated California personal injury attorney can fight to get you the full amount of compensation you deserve.
California’s Damages Caps in Medical Malpractice Cases
While California does not impose damage caps in standard personal injury cases, there is an exception for non-economic damages in medical malpractice cases.
In 2026, the damage cap for non-economic damages in medical malpractice cases is $470,000 in non-fatal cases and $650,000 in fatal cases. The amount for non-fatal cases increases by $40,000 each year until it reaches the amount of $750,000 in 2033, while the amount for fatal cases increases by $50,000 each year until it reaches the amount of $1 million in 2033.
This damage cap limits the amount of compensation that a victim or their family can recover when a healthcare provider deviates from the standard of care and harms the patient. The cap only applies to non-economic damages, such as pain and suffering and mental anguish, rather than economic damages.
How California’s Comparative Negligence Law Impacts Damages
California’s pure comparative negligence rule states that even if an injury victim shares the majority of fault for their accident, they can still recover partial damages. Some states prevent those who share 50% or 51% of the fault from receiving compensation, but California is more lenient.
This means that even if you were 99% responsible for your accident, it’s still worth reaching out to a lawyer to learn more about recovering damages, though they will be reduced by your share of fault.
Contact Us to Learn More
If you were injured due to someone else’s negligence and suffered damages, reach out to the legal team at the Miller & Steele Law Firm right away. California places a statute of limitations on personal injury cases, so do not delay. We will review the specifics of your case during a free, no-obligation consultation. Contact us today at (760) 439-2210 to get started.