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.
★ 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.
MICRA non-economic cap (med-mal)
Medical malpractice
$390,000 (non-death) / $500,000 (death) for 2025, rising annually
Cal. Civ. Code § 3333.2 (as amended by AB 35)
Proposition 213
Uninsured drivers and DUI defendants
Bars non-economic damages
Cal. Civ. Code § 3333.4
★ 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 tier
Band
Basis
Concussion / mild TBI
$25,000 – $100,000
Reported decisions
Severe traumatic brain injury
$500,000 – multi-million
Catastrophic-case reported decisions
★ head & brain · neighbouring jurisdictions
Compare to neighbours.
How California's fault rule and limitation period compare to other US jurisdictions for head & brain claims.
Jurisdiction
Fault rule
Limitation
Head & brain page
California · you are here
Pure comparative negligence
2 years for personal injury; 1 year for medical malpractice (with 3-year repose)
Each answer is independently coherent and references the relevant statute or authority document.
How much is a head & brain claim worth in California?
California head & brain settlements track the federal US band of $500,000 – multi-million, adjusted for California's fault rule (pure comparative negligence) and any applicable state cap. The position within the band turns on severity, prognosis, recovery time, and the strength of the medical paper trail.
What fault rule applies to head & brain claims in California?
Pure comparative negligence. Pure comparative negligence under Li v. Yellow Cab (1975) — recovery available at any fault percentage.
What is the statute of limitations for head & brain claims in California?
2 years for personal injury; 1 year for medical malpractice (with 3-year repose). Source: Cal. Code Civ. Proc. § 335.1, § 340.5. Filing after the period expires generally bars the claim absent a tolling exception.
Do California's damages caps reduce head & brain settlements?
Yes — California applies the following caps that may bear on a head & brain claim: MICRA non-economic cap (med-mal); Proposition 213. Caps are applied to the gross award before any fault-allocation reduction.
Does California require no-fault first-party recovery for auto-related head & brain claims?
No. California is a traditional tort jurisdiction; the at-fault driver's insurer is the primary source of recovery for auto-related head & brain claims.
Should I hire a California head & brain attorney?
For all but the most modest claims, yes. California's fault rule and caps materially affect the calculus, and adjusters value represented claims significantly higher. Most California personal injury attorneys work on contingency (33–40% typical), with no fee unless you recover.
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.