CA
Medical negligence settlements
in California.
California raised its malpractice cap for the first time in nearly fifty years in 2023. The limit rises every January, and for 2026 it is $470,000 for injuries and $650,000 for deaths, with separate limits that can stack.
Facts that decide a medical negligence claim in California
| MICRA cap, 2026 | Noneconomic damages start at $350,000 (non death) and $500,000 (death) for cases filed from 1 January 2023 and rise $40,000 and $50,000 each 1 January, reaching $470,000 and $650,000 in 2026.Cal. Civ. Code § 3333.2(b), (c), (g) |
|---|---|
| Ceilings | The increases continue for ten years, up to $750,000 and $1,000,000.Cal. Civ. Code § 3333.2(g) |
| Separate limits | Providers, institutions, and unaffiliated providers or institutions each have their own limit, so up to three limits may apply.Cal. Civ. Code § 3333.2(b), (f) |
| Deadline to sue | Two years for “an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”Cal. Code Civ. Proc. § 335.1 |