Skip to content
MyClaimWorth
CA
★ California · back & spine

Back & spine settlements
in California.

By 6 min read

California applies pure comparative negligence and the MICRA cap on medical malpractice non-economic damages, restructured by AB 35 in 2023 onto a phased schedule. For back & spine claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for California's pure comparative negligence and any applicable statutory cap.

California applies pure comparative negligence, which means a back & spine claimant who is partly responsible for their own injury still recovers — the award is reduced by the percentage of fault attributed to them, but never barred. This is materially more claimant-friendly than the modified or contributory rules in neighbouring jurisdictions, and it shows up in back & spine settlements where comparative fault is contested (the claimant who failed to mitigate, the unbelted occupant, the worker who departed from a safety protocol).

California's caps (micra non-economic cap (med-mal), proposition 213) apply to the non-economic component of back & spine damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

★ band · US federal frame
$80,000 – $400,000+
Back injury (severe, surgery)
Reported decisions; statutory cap states constrain the upper end

The US band is the starting point. California's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your back & spine claim in California. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own back & spine case in about two minutes, no cost and no obligation.

Check my case
★ CA · statute of limitations
2 years for personal injury; 1 year for medical malpractice (with 3-year repose)

Cal. Code Civ. Proc. § 335.1, § 340.5

★ CA · fault rule
Pure comparative negligence

Pure comparative negligence under Li v. Yellow Cab (1975) — recovery available at any fault percentage.

★ CA · caps

What caps recovery.

Statutory caps that may bear on a back & spine settlement in California.

★ back & spine severity tiers · US frame

How the band stratifies.

The state-by-state tort law · jury verdict reporters · statutory caps stratifies back & spine into the tiers below. California courts apply the same tier structure, adjusted for state-specific factors.

Severity tierBandBasis
Back injury (moderate, no surgery)$30,000 – $100,000Reported decisions plus settlement aggregates
Back injury (severe, surgery)$80,000 – $400,000+Reported decisions; statutory cap states constrain the upper end
★ back & spine · same region & fault regime

Compare to like jurisdictions.

How California's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for back & spine claims.

JurisdictionFault ruleLimitationBack & spine page
California · you are herePure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)—
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · back & spine →
HawaiiModified comparative — 51% bar2 years from date of injuryHI · back & spine
IdahoModified comparative — 50% bar2 years from date of injuryID · back & spine
MontanaModified comparative — 51% bar3 years from date of injuryMT · back & spine
NevadaModified comparative — 51% bar2 years for personal injury; 3 years for medical malpracticeNV · back & spine →
OregonModified comparative — 51% bar2 years from date of injuryOR · back & spine →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · back & spine →
LouisianaPure comparative negligence1 year (la prescription) — extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · back & spine →
MississippiPure comparative negligence3 years from date of injuryMS · back & spine
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · back & spine →
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · back & spine →
DelawareModified comparative — 51% bar2 years from date of injuryDE · back & spine
★ CA · back & spine · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

★ all of CA
California overview

Fault rule, statute, caps, and key facts for California as a whole.

★ federal frame
Back & spine in United States

Back & spine band structure and severity tiers at the US level.

★ all 15 countries
Back & spine · everywhere

Cross-jurisdiction comparison of back & spine bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for California's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in California. See /methodology, /sources, and /disclaimer.