One of the most common questions patients have after a medical malpractice incident is how much their case is worth. How much is your medical malpractice case worth? The value of a medical malpractice case depends on various factors. In this article, we will explain how compensation is determined in California. Remember, the best way to find out if you have a case and the potential value is by calling us, at (916) 442-2777 or visiting our website at Wilcoxen Callaham, LLP.
Factors Affecting How Much Your Case is Worth
- Severity of the Injury: More severe injuries often lead to higher compensation.
- Economic Losses: Lost wages, medical bills, and other out-of-pocket expenses.
- Non-Economic Damages: Pain and suffering, emotional distress, and loss of enjoyment of life.
💡 For information on what important information you can provide to your attorney at Wilcoxen Callaham, LLP to assist in proving medical malpractice, visit Proving Medical Malpractice in California.
Calculating Settlement Amounts
Settlement amounts can vary widely depending on the strength of the evidence, the severity of the injuries, and whether the case goes to trial. Wilcoxen Callaham, LLP can help assess your case’s potential value. In California, compensation is generally calculated using the rules in California Civil Code § 3333.2
📜 Overview of Cal. Civ. Code § 3333.2
What it covers
This code applies to malpractice cases against healthcare providers, entitling injured plaintiffs to compensation for non-economic harm—such as pain, suffering, inconvenience, physical impairment, disfigurement, or other non-pecuniary injuries (law.justia.com).
Non‑economic damages cap (pre‑2023)
Prior to January 1, 2023, the law capped non-economic damages at $250,000, regardless of the number of defendants
New caps and structure (post‑AB 35, effective Jan 1, 2023)
AB 35 significantly increased these caps and split liability into three separate categories, each with individual limits:
- Health-care providers (doctors, nurses, etc.)
- Health-care institutions (hospitals, clinics, etc.)
- Unaffiliated providers/institutions (e.g., ambulance services unconnected to hospitals)
Each category is capped separately at:
| Claim Type | Cap per Defendant Category |
| Personal injury | $350,000 (with annual $40k increases up to $750k by 2032) |
| Wrongful death | $500,000 (with annual $50k increases up to $1M by 2032) |
Annual adjustments
Each January 1, the caps increase annually ($40k or $50k/year until the maximums are reached in 2032), after which they will be indexed at +2% annually for inflation.
Separate recoveries
A plaintiff can recover up to the full capped amount from each of the three defendant categories if liability is independent and separate.
Multiple plaintiffs
In personal injury cases, both the injured patient and their spouse (for loss of consortium) can each claim the cap amount. For wrongful death claims, all heirs share a single cap.
Trial vs. settlement
While the caps apply to verdicts and arbitration awards, they do not restrict voluntary settlements. See Rashidi v. Moser, 60 Cal. 4th 718 – The California Supreme Court clarified that settlement recoveries are excluded from cap on noneconomic damages, as the cap is intended to limit jury awards rather than settlements.
Scope and legal background
This code covers actions filed or arbitration demanded on or after January 1, 2023. MICRA (the Medical Injury Compensation Reform Act of 1975) established the original $250k cap. Courts have upheld § 3333.2 against constitutional challenges.
✅ Key Takeaways
- Non-economic damages are capped, now with higher, category-based limits post-2023.
- Economic damages (like medical bills or lost wages) remain uncapped.
- The law allows separate liability and caps for different defendant types, increasing potential recovery.
- Caps increase annually until inflation-indexed post-2032.
Frequently Asked Question:
Q: What types of damages can I recover in a medical malpractice case?
A: You can recover both economic and non-economic damages, including medical bills, lost wages, pain and suffering, and emotional distress.
Helpful Links
Wilcoxen Callaham: Settlements and Case Value
Common Defenses to Medical Malpractice Claims
Judicial Branch of California Self-Help Guide for Suing a Healthcare Provider
