Skip to content
MyClaimWorth
CA
California · head & brain

Head & brain 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 head & brain 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 head & brain 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 head & brain settlements where comparative fault is contested (the claimant who failed to mitigate, the unbelted occupant, the worker who departed from a safety protocol).

Head injury and traumatic brain injury claims sit at the upper end of the US band and are most affected by statutory caps. California's caps (micra non-economic cap (med-mal), proposition 213) can compress catastrophic head & brain verdicts even where the underlying damages — future care, lost earning capacity, life-care plan costs — clearly justify the higher figure.

band · US federal frame
$500,000 – multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions

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

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 head & brain settlement in California.

head & brain severity tiers · US frame

How the band stratifies.

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

Severity tierBandBasis
Concussion / mild TBI$25,000 – $100,000Reported decisions
Severe traumatic brain injury$500,000 – multi-millionCatastrophic-case reported decisions
head & brain · 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 head & brain claims.

JurisdictionFault ruleLimitationHead & brain 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 · head & brain
HawaiiModified comparative — 51% bar2 years from date of injuryHI · head & brain
IdahoModified comparative — 50% bar2 years from date of injuryID · head & brain
MontanaModified comparative — 51% bar3 years from date of injuryMT · head & brain
NevadaModified comparative — 51% bar2 years for personal injury; 3 years for medical malpracticeNV · head & brain
OregonModified comparative — 51% bar2 years from date of injuryOR · head & brain
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · head & brain
LouisianaPure comparative negligence1 year (la prescription) — extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · head & brain
MississippiPure comparative negligence3 years from date of injuryMS · head & brain
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · head & brain
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · head & brain
DelawareModified comparative — 51% bar2 years from date of injuryDE · head & brain
CA · head & brain · frequently asked

Common questions.

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

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.