What Are Damage Caps?

In lawsuits, the compensation awarded to the plaintiff is known as “damages.” These can take the form of economic and/or non-economic losses. In some states, a “cap” or limit is placed on the amount of damages awarded after a successful case.

In California, there are generally no damage caps in personal injury cases. However, there are notable exceptions.

In California, there are damage caps on non-economic damages and cases involving medical malpractice.

Additionally, while personal injury cases have damage caps, wrongful death claims have significantly higher limits.

Currently, California caps non-economic damages in personal injury cases at $350,000. The cap for wrongful death damages is $500,000. These caps increase annually by $40,000 to reflect inflation.

Examples of Economic and Non-Economic Losses

Examples of economic losses include but are not limited to:

  • Costly home modifications to accommodate new disabilities
  • Loss of earning capacity
  • Lost wages
  • Medical bills
  • Physical therapy
  • Property damage

Examples of non-economic losses may include:

  • Disfigurement
  • Humiliation
  • Emotional distress and mental anguish
  • Loss of companionship or family relationships
  • Loss and reduction in quality of life
  • Physical pain and suffering
  • Psychological distress such as depression, anxiety, and PTSD

Which Personal Injury Cases in California Have Damage Caps?

In California, medical malpractice cases have damage caps. These cases often stem from some form of negligence or carelessness by a medical provider that results in patient harm.

For many, medical malpractice is one of the most terrifying types of personal injury cases. We entrust our lives and those of our loved ones to medical professionals. We’re asked to be vulnerable in their care. The idea that their negligence could cause harm is unbearable. Despite the trauma that survivors may endure, it’s unfortunate that medical malpractice cases still face damage caps. Lawmakers have enacted these caps partly to protect the healthcare system and ensure that skilled doctors continue practicing in California.

Common Examples of Medical Malpractice

Examples of medical malpractice include:

  • Leaving surgical instruments inside a patient’s body
  • Anesthesia errors
  • Failure to warn patients of risks and obtain informed consent
  • Failure to diagnose life-threatening conditions
  • Lack of post-operative follow-up care
  • Infections caused by hospital equipment
  • Misdiagnosing a patient’s condition
  • Surgery performed on the wrong limb or body part
  • Performing surgery on the wrong patient
  • Discharging a patient too early
  • Prescribing medications that dangerously interact with other drugs

Which Personal Injury Cases Do Not Have Damage Caps?

Generally, most personal injury cases in California do not have economic damage caps. This means that if you’re injured in a car accident, assault, construction accident, slip and fall, dog bite, product defect case, or similar incident, you can seek full compensation.

If you are seeking economic damages (such as medical bills or lost wages), there is no cap on the amount you can request. However, requesting a large amount does not guarantee you will be awarded that amount. The damages must reflect your actual physical and financial losses. If the defendant’s conduct was especially egregious, you may be entitled to additional compensation.

If you’re seeking non-economic damages, there may be caps on how much you can receive. As noted earlier, California places specific limits on damages in medical malpractice cases.

Schedule a Free Consultation with an Experienced Personal Injury Lawyer

If you’ve been injured or lost a loved one due to wrongful death, it’s critical to pursue compensation with the help of an experienced attorney. While some damages may be capped, you should speak with a personal injury lawyer to determine whether these caps apply to your unique situation. We strive to provide helpful information online, but every case is different—and accurate compensation estimates can only be made after reviewing the details.

The Law Office of Daniel Deng, located in Rosemead, has over 20 years of experience handling car accident and personal injury claims and has represented countless clients like you. We fight vigorously for immigrant communities, understanding that these injuries and accidents can be life-changing. You deserve to be fully compensated and to move forward in life without the financial burden of recovery. To schedule a free initial case evaluation, call or text our legal team at 626-280-6000.