California Medical Malpractice Settlement Calculator
Estimate what a California medical malpractice claim might be worth. California caps non-economic (pain-and-suffering) damages at $470,000; $650,000 for wrongful death. Economic damages are not capped. This is an estimate to understand the factors — not a prediction or an offer.
A rough estimate, not a prediction or an offer.
Medical malpractice is one of the hardest claims to prove and value. This shows how California's damage cap and fault rule shape a rough range — actual outcomes depend on expert proof of the standard of care, the facts, and negotiation. Consult a California medical-malpractice attorney about your case.
California damage cap
California caps non-economic (pain-and-suffering) damages at $470,000; $650,000 for wrongful death. Economic damages are not capped.
Enter the medical bills and losses to see an estimated range
This estimator applies the multiplier method to your medical bills, then California's medical-malpractice damage cap and comparative-fault rule. It does not assess whether the provider actually breached the standard of care, which is the core of any med-mal case and requires expert testimony. Most states also require a pre-suit affidavit/certificate of merit and have a short, strict filing deadline. This is not legal advice and RecordingLaw.com is not a law firm.
California's Medical Malpractice Damage Cap
California caps non-economic (pain-and-suffering) damages at $470,000; $650,000 for wrongful death. Economic damages are not capped.
California's MICRA cap on non-economic damages, as amended by AB 35 (2022) and codified at Civil Code § 3333.2, escalates annually. For non-death (personal-injury) cases the cap began at $350,000 on Jan. 1, 2023 and increases $40,000 each January 1 for 10 years up to $750,000; for wrongful-death cases it began at $500,000 and increases $50,000 each January 1 up to $1,000,000. For 2026 the caps are $470,000 (non-death) and $650,000 (wrongful death). AB 35 also created SEPARATE caps so a plaintiff may recover up to the cap against each of three categories: (1) health care providers, (2) health care institutions, and (3) unaffiliated defendants — effectively multiplying the cap where multiple categories of defendants are involved. Beginning Jan. 1, 2034 the caps adjust 2% annually for inflation. Only non-economic damages are capped; economic damages are unlimited.
Source: Cal. Civ. Code § 3333.2 (as amended by AB 35, 2022).
Deadline to File a California Malpractice Claim
California generally requires a medical-malpractice lawsuit to be filed within 3 years (the statute of limitations). Cal. Code Civ. Proc. § 340.5: the earlier of 3 years from the date of injury OR 1 year from discovery. Tolled for fraud, intentional concealment, or a foreign object with no therapeutic purpose. Minors: 3 years, but for those under age 6, until the later of 3 years or the 8th birthday. 90-day pre-suit notice required (CCP § 364), which can extend the deadline. Miss the deadline and the claim is usually barred no matter how strong it is, so do not wait to talk to an attorney.
How the Estimate Works
No tool can predict a malpractice settlement. This estimator adds your economic damages (medical bills and lost wages, which are generally not capped), estimates pain and suffering with the multiplier method, then applies California's damage cap and comparative-fault rule. The hard part of any malpractice case — proving the provider breached the standard of care — is assumed here and must be established with expert testimony. Use the pain and suffering calculator to explore the non-economic piece, or read about what different injuries are worth.
Frequently Asked Questions
Does California cap medical malpractice damages?
California caps non-economic (pain-and-suffering) damages at $470,000; $650,000 for wrongful death. Economic damages are not capped.
How much is a California malpractice case worth?
No one can tell you a number in advance. A rough estimate adds your economic damages (medical bills, lost wages) and a pain-and-suffering multiplier, then applies California's damage cap and fault rule. The real value depends on proving the standard of care was breached, the facts, and negotiation — an attorney is the only way to value your specific case.
How long do I have to file in California?
Generally 3 years. Cal. Code Civ. Proc. § 340.5: the earlier of 3 years from the date of injury OR 1 year from discovery. Tolled for fraud, intentional concealment, or a foreign object with no therapeutic purpose. Minors: 3 years, but for those under age 6, until the later of 3 years or the 8th birthday. 90-day pre-suit notice required (CCP § 364), which can extend the deadline.
Are economic damages capped?
In most cap states, no — caps usually apply only to non-economic (pain and suffering) damages, while medical bills and lost wages are recovered in full. A few states (like Indiana, Louisiana, Nebraska, New Mexico, and Virginia) cap total damages instead.
Is this calculator accurate?
It is a rough estimate to show the factors that drive value, especially the cap — not a prediction or an offer. Real malpractice settlements vary enormously and depend on expert proof. Treat any number here as a ballpark and consult a California malpractice attorney.
Disclaimer
This estimator is for general informational purposes only and is not legal advice or a prediction of any outcome. RecordingLaw.com is not a law firm. Medical-malpractice law, including damage caps, changes frequently and caps are often litigated; figures are current as of 2026-06-02. The value of a malpractice claim can only be assessed by a licensed attorney reviewing your specific facts and the medical record.