2026-01-01Damages cap· CaliforniaMICRA non-economic cap reaches $470,000 (injury) and $650,000 (wrongful death)
California medical malpractice non-economic damages cap for 2026-dates-of-injury under AB 35 (2022). Caps escalate $40k/year for injury, $50k/year for wrongful death, through 2033 then index 2% annually.
Cal. Civ. Code § 3333.2; AB 35 (Stats. 2022, ch. 17)
2026-01-01Comparative fault· LouisianaLouisiana switches from pure comparative fault to modified 51% bar
Effective 1 January 2026, plaintiffs 51% or more at fault recover nothing. Plaintiffs 50% or less recover reduced damages. Reverses Louisiana's long-standing pure comparative regime under Civil Code art. 2323.
La. Civ. Code art. 2323 (as amended 2025)
2026-01-01Damages cap· LouisianaLouisiana "amounts paid" rule for medical specials evidence
Plaintiffs can only recover medical expenses actually paid by insurers, Medicare, or Medicaid, not the inflated "sticker price" billed. Deductibles and co-pays still recoverable. Materially reduces awards by 30-60% in many cases.
La. R.S. § 9:2800.27 (as amended 2025)
2026-01-01Scheme / regulatory· CaliforniaCalifornia SB 53 + SB 243 AI chatbot liability for minors takes effect
Families can pursue civil claims against AI developers where negligent or reckless chatbot design caused injury or death to a minor. Requires AI services to implement crisis protocols, prevent sexual content exposure to minors, and disclose AI nature. First-of-its-kind in US PI law.
Cal. Bus. & Prof. Code (SB 53, SB 243 of 2025 session)
2026-01-01Scheme / regulatory· CaliforniaCalifornia workers' compensation expands to workplace mental health
Workers' comp coverage extended to work-related stress, anxiety, and PTSD meeting specified criteria. New employer reporting requirements for all workplace injury and illness claims.
Cal. Lab. Code (as amended 2025-2026)
2026-05-23Damages cap· United KingdomBereavement award remains £15,120 (no 2026 increase)
Statutory bereavement award under Fatal Accidents Act 1976 s.1A remains at £15,120 for deaths on or after 1 May 2020. No 2026 update has been laid before Parliament. Plaintiff bar continues lobbying for an inflation-linked increase.
FAA 1976 s.1A; The Damages for Bereavement (Variation of Sum) Order 2019
2026-05-23Damages cap· IrelandMental distress cap remains €35,000
Statutory cap on mental distress (solatium) under Civil Liability Act 1961 s.49 remains at €35,000 total across all dependants combined, set by the 2013 Act. No 2026 update despite repeated calls.
Civil Liability Act 1961 s.49 (as amended by Courts and Civil Law (Miscellaneous Provisions) Act 2013)
2026-05-23Damages cap· CanadaAndrews non-pecuniary cap approximately C$415,000 (CPI-adjusted)
The Supreme Court of Canada's 1978 Andrews trilogy cap on non-pecuniary damages, originally $100,000, sits at approximately C$415,000 as of May 2026 with ongoing CPI adjustments. Pecuniary damages remain uncapped across all provinces.
Andrews v Grand & Toy Alberta Ltd [1978] 2 SCR 229
2026-05-23Scheme / regulatory· British ColumbiaBC ICBC Enhanced Care no-fault scheme performance review
Enhanced Care (introduced 1 May 2021) continues as the dominant compensation scheme for BC motor vehicle injuries, replacing most tort claims with statutory accident benefits. Limited tort recovery only for criminal-conduct cases. Ongoing controversy over benefit adequacy for catastrophic injuries.
BC Insurance (Vehicle) Act, Part 7 (as amended 2021)
2026-05-23Scheme / regulatory· New South WalesNSW Motor Accident Injuries Act 2017 continues with periodic reviews
MAIA 2017 statutory benefits and threshold-based common law access for most motor accidents in NSW. State Insurance Regulatory Authority (SIRA) publishes annual reviews. No major 2026 amendment.
Motor Accident Injuries Act 2017 (NSW)
2026-05-23Scheme / regulatory· VictoriaVictoria TAC scheme continues no-fault model
Transport Accident Commission scheme remains the no-fault compensation framework for most Victorian transport injuries. Common law access for serious injury or impairment exceeding statutory threshold. Benefits indexed annually.
Transport Accident Act 1986 (Vic)
2026-05-23Damages cap· SpainBaremo 2026 update (annual inflation adjustment)
Spanish Baremo (Law 35/2015) tables updated for 2026 with annual inflation adjustments to point values. Mandatory points-based scale for motor accident injuries remains the dominant valuation framework.
Ley 35/2015, de 22 de septiembre (Baremo); annual update orders
2026-05-23Damages cap· ItalyTabelle Milanesi 2026 update issued
Tribunale di Milano published 2026 Tabelle Milanesi with updated point values for non-pecuniary damages. National courts continue to apply the Milan tables as the de facto Italian standard for biological damage and moral damage.
Tabelle Milanesi 2026, Tribunale di Milano
2026-04-09Tariff / guidelines· United KingdomJudicial College Guidelines 18th edition published
The 18th edition replaced the 17th (April 2024) and lifted every bracket by 8.26%, the rise in RPI to August 2025. Tetraplegia now runs from £428,850 to £533,720 and paraplegia from £289,420 to £375,540. The new brackets apply to general damages across England and Wales.
Judicial College Guidelines, 18th edition (April 2026)