Raise Damage Limit Tort Actions

For civil actions filed on or after January 1, 2025, the bill increases the cap on damages for noneconomic loss or injury from $250,000 to $1.5 million, and starting January 1, 2028, and every 2 years thereafter, adjusts the damages cap based on inflation.

Current law specifies who may sue for wrongful death. The bill adds a sibling of the deceased as a party who may bring a wrongful death action in certain circumstances.

The bill imposes a wrongful death damages cap of $2.125 million, and starting January 1, 2028, and every 2 years thereafter, adjusts the damages cap based on inflation.

Beginning January 1, 2025, the bill incrementally increases the medical malpractice wrongful death damages limitation to $1.575 million over the course of 5 years. Thereafter, the cap is adjusted biennially for inflation.

Existing law limits the amount recoverable for noneconomic damages in medical malpractice actions to $300,000. Beginning January 1, 2025, the bill incrementally increases the noneconomic damages limitation to $875,000 over the course of 5 years. Thereafter, the cap is adjusted biennially for inflation.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)