California Personal Injury Settlements

This page looks at settlement payouts and jury awards in personal injury cases in California. We provide statistics on reported settlements and jury verdicts, as well as factual summaries of recent cases resulting in payouts.

We also provide an overview of the key personal injury laws in California, such as the statute of limitations for injury claims, medical malpractice rules, and limits on damages.

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Average Verdict in California

Jury Verdict Research did a study on personal injury verdicts in California. The study shows the compensatory median award for personal injury trials in California is $150,000. This is a lot higher than the national average of less than $40,000. But plaintiffs receive money damages in only 45 percent of cases that go to trial, which is 5% less than the national average.

But what is the average verdict in a tort case?  The average verdict is approximately $1.6 million.   There is a big difference between median and average — 10 times more. When you are using this to get some lens into your own case, it is tricky.  This is all how you turn the kaleidoscope.

You can get a free online consultation for any personal injury claim from our law firm.  Just fill out this brief form and someone will get back to you quickly to answer your question or evaluate your case.

Sample California Settlements and Verdicts

Example settlement amounts and jury payouts can provide valuable insight into how settlement compensation payouts are determined. These cases illustrate key factors that influence personal injury lawsuit settlement amounts, such as the severity of injuries, the extent of medical treatment required, and whether the case is resolved through a jury verdict or pre-trial settlement. We talk more about these factors in a moment.

Using example results and seeing the stories behind these results help you better understand settlement amounts you might see in your case.  But there are real limits.  Every case is unique, and that is no concrete path to find the lawsuit settlement amount you should receive just by looking a a case that seems, on its face, to match yours.

• $7,250,000 Jury Verdict (Los Angeles 2024):   A 74-year-old woman suffered a crushed spine. While exiting a Harry Potter-themed ride at Universal Studios Hollywood. she fell when her safety harness was not secured. Making matters worse, the employees failed to stop the ride’s moving walkway as she exited.The defense was “watch your step.”  That did not sell. The jury found the theme park responsible, awarding $250,000 in economic damages and $7 million in noneconomic damages.
• $952,000 Settlement (California 2025): The plaintiff, a 42-year-old man, went to a hospital complaining of headaches, vomiting, and dizziness. Days later, he followed up with the defendant, a primary care physician. Despite the plaintiff’s severe headaches and his wife’s insistence on imaging, the defendant diagnosed gastritis and did not order further tests. Just 48 hours later, the plaintiff suffered a seizure and was diagnosed with a ruptured aneurysm. As a result, he suffered permanent brain damage, was left non-verbal and dependent on 24-hour care, and was discharged to a long-term care facility. The lawsuit alleged medical malpractice and negligence, claiming that the defendant’s failure to order imaging led to a missed diagnosis of the aneurysm. The defense argued that the aneurysm rupture was unforeseeable and that the plaintiff’s pre-existing conditions contributed to his outcome. The $952,000 settlement appears low for such catastrophic injuries, suggesting that the plaintiff’s case may have had significant weaknesses in proving liability.
• $229,500 Verdict (California 2025): The plaintiff was riding his bicycle south on a roadway owned, managed, operated, constructed, maintained, and controlled by the City of Los Angeles when he was thrown over the handlebars due to a roadway defect. He filed a lawsuit against the City, alleging that the accident was caused by a negligently misleveled section of the road that blended in with the surrounding pavement, creating a hidden hazard for cyclists. The plaintiff suffered cuts, bruising, and a fractured clavicle. The jury awarded $229,500 in damages, holding the City accountable for failing to maintain a safe roadway for cyclists.
• $40,000,000 Verdict (California 2024): The decedent, 24-years-old, was a pedestrian, walking home from his restaurant job at 4 a.m., along the center median side of an empty, westbound residential road, near an intersection. He was struck by a CHP motorcycle operated by defendant, who was on his way to work, in the course and scope of his employment with defendants California Highway Patrol and State of California. The decedent’s Estate brought a wrongful death action, with assertions that included negligent training and driving at an excessive rate of speed.
• $750,000 Settlement (California 2024): The plaintiff, an off-duty Sheriff’s detective, was at a concert when he got separated from his group. In attempting to reunite with his friends, the plaintiff crossed a restricted area and was violently slammed to the ground and physically assaulted by a group of security officers. He  suffered a loss of consciousness, a dislocated shoulder, and a fractured elbow and sued for excessive force.
• $28,724,350 Verdict (California 2024): The plaintiff presented to the emergency room in Los Angeles with a foreign object lodged in his throat. He was admitted for surgery to remove the fish bone and came under the care of the defendant, an anesthesiologist. The plaintiff agreed to proceed with monitored anesthesia care rather than general anesthesia. However, the defendant claimed another anesthesiologist forced her to use general anesthesia. During the procedure, the defendant lost control of the plaintiff’s airway after a failed intubation attempt, resulting in an anoxic brain injury. The plaintiff now suffers from severe disabilities, including the inability to care for himself, stand, walk, or eat. The jury’s $28 million verdict was reduced to $9 million by the Medical Injury Compensation Reform Act (MICRA) cap on noneconomic damages (and a setoff from previous settlements with other defendants).
• $6,000,000 Settlement (California 2023):  The lawsuit arose from a horrible accident where an elderly woman was fatally hit by a car at this crosswalk. The City of Glendale argued that the accident was caused by the driver’s speeding and not due to the crosswalk’s lack of safety features.  A $6 million settlement was finalized with the City of Glendale during the jury’s deliberation over the safety of the unmarked crosswalk. The crazy thing is that the pre-trial offer in is case was zero.
• $40,000 Verdict (California 2023): This was an auto accident case in which the defendant allegedly drifted across the centerline resulting in a broadside collision with the plaintiff. The plaintiff, a middle-aged female, alleged injuries including cranial nerve damage, occipital neuralgia, chronic migraine headaches, and an unspecified shoulder injury. A jury in L.A. County awarded $40,000, which included $10,000 for future medical expenses.
• $2,500,000 Verdict (California 2023): The plaintiff was traveling northbound on a freeway when an object was thrown up from the roadway and went through her vehicle window, striking her in the head and face and causing her vehicle to collide with the right guardrail. The plaintiff asserted the object was ejected from the roadway by a motorcycle driven by a Los Angles Police Officer and she filed suit against the City. The plaintiff allegedly suffered permanent brain damage from the accident, but the City denied that the debris came from the officer’s motorcycle. The verdict included $73,000 in future medical expenses and $2.4 million for pain and suffering.
• $225,000 Verdict (California 2023): The plaintiff was reportedly operating her motorcycle near an intersection when it was struck by a vehicle operated by the defendant. The plaintiff claimed she suffered personal injuries, which included a mild traumatic brain injury, post-concussive syndrome, and post-traumatic stress disorder (PTSD), due to the collision. The defendant denied liability for the accident and also disputed the extent of the plaintiff’s injuries.
• 297,000 Verdict (California 2022):  The plaintiff, a minor, was seriously injured when she was attacked and bitten several times by a dog on property owned by the defendants which they leased to the dog’s owner. The lawsuit asserted strict liability claims under the California dog bite statute.
• $3,000,000 Arbitration (California 2022): A man suffered a fever and severe bronchitis. His wife attempted to contact his primary care physician. She spoke with a telenurse instead. The telenurse scheduled a call with the man’s physician four hours later. The physician instructed the man to take over-the-counter medications. The following day, he presented to the ER. He was diagnosed with community-acquired pneumonia and MRSA. The man also suffered kidney failure, acute respiratory failure, septic shock, neutropenia, and hemoptysis. He took antibiotics. The man died several days later. His wife alleged negligence against the healthcare provider. She claimed the telenurse failed to send him to the ER, schedule an in-person appointment, and appreciate his symptoms. Following arbitration, the widow received $3,000,000.
•  $750,000 Verdict (California 2021): A 30-something man was T-boned at a Santa Monica intersection. The man suffered a C5-6 herniation. He underwent epidural steroid injections. The man now required a cervical disc replacement procedure. He alleged negligence against the at-fault driver. The man claimed he ran a red light and failed to yield the right-of-way. A Los Angeles County jury awarded $750,000.
• $2,250,000 Settlement (California 2021): A 24-year-old man was rear-ended in Torrance. He suffered an L5-S1 herniation. The man underwent epidural injections and chiropractic care. He also received a spinal cord stimulator implant. The man alleged negligence against the at-fault driver. He claimed he failed to safely operate his vehicle. This case settled for $2,250,000.
• $832,798 Verdict (California 2021): A man was T-boned at an intersection in Los Angeles County. He suffered severe personal injuries. The man underwent medical treatment. He alleged negligence against the at-fault driver. The man claimed she failed to maintain an appropriate lookout and yield the right-of-way. A Los Angeles County jury awarded $832,798.
• $1,250,000 Settlement (California 2021): A 50-something woman was sideswiped. She suffered lumbosacral protrusions and cervical stenosis. She underwent chiropractic therapy, physical therapy, and spinal injections. The woman also underwent a cervical fusion. She experienced limited mobility and walking difficulties. The woman alleged negligence against the at-fault driver. She claimed she made a negligent lane change and failed to maintain an appropriate lookout. This case settled for $1,250,000.
• $1,715,000 Settlement (California 2021): A 39-year-old pedestrian was struck at a crosswalk. She suffered a knee injury and multiple disc bulges. The woman initially underwent chiropractic therapy and epidural injection administration. She continued to experience back pain. The woman eventually underwent a spinal fusion, a neurostimulator implantation, and a knee arthroscopy. She alleged negligence against the at-fault driver. The woman claimed she failed to yield to a pedestrian and maintain an appropriate lookout. This case settled for $1,715,000.
• $10,000,000 Settlement (California 2021): Three people, a 33-year-old man, an 18-year-old woman, and an 18-year-old man, traveled along Interstate 15. They were rear-ended. The vehicle caught fire after a police vehicle struck it. The two men died at the scene. The woman suffered back fractures and third-degree burns to over one-fourth of her body. Her back fractures healed. However, the woman required scarring reduction and skin grafts. The woman and the two men’s surviving families claimed the initial driver drove while intoxicated, while the police officer excessively sped. This case settled for $10,000,000.
• $5,000,000 Settlement (California 2021): A 5-year-old boy was hospitalized. He was intubated. The hospital staff removed the breathing tube. During the removal, the boy’s airway closed. He went into respiratory arrest. The boy suffered oxygen deprivation. He suffered a catastrophic brain injury. The boy now required round-the-clock care. His parents alleged negligence against the hospital. They claimed its staff negligently removed the breathing tube. This malpractice claim was resolved for a settlement amount of $5,000,000.
• $5,700,000 Settlement (California 2021): A newborn girl suffered hypoxic-ischemic encephalopathy. She developed permanent brain damage. The girl’s parents alleged negligence against the hospital. They claimed its staff failed to properly administer Pitocin, timely address fetal distress, order a C-section, and timely resuscitate their child. This case settled for $5,700,000.
• $1,400,000 Settlement (California 2021): A 22-year-old woman was struck at an intersection. She suffered rib fractures, a concussion, and an L4-5 herniation. She underwent physical therapy for four months. The woman also underwent a microdiscectomy. She continued to experience back pain. The woman alleged negligence against the at-fault driver. She claimed he excessively sped and failed to yield to a pedestrian. This case settled for $1,400,000
• $2,250,000 Settlement (California 2021): A 49-year-old roofer fell 18 feet to the ground off a roof he was working on. He suffered fractures to his cheekbone, his eye socket, skull, and C7 vertebra. The man also became unconscious because of his head injuries. An ambulance transported him to the nearest hospital, where he regained consciousness. He was hospitalized for three days. The man claimed residual pain, memory loss, and attention issues. He filed a workers’ compensation claim against his employer, who was insured by California’s State Compensation Insurance Fund. The case settled for a settlement amount of $2,250,000.
• $1,382,000 Verdict (California 2021): The 54-year-old nurse was driving in Torrance. As she slowed down in traffic, the vehicle behind her rear-ended hers.  She suffered an L4-5 disc bulge, mild stenosis, and resultant radiculopathy. The woman underwent a discectomy two years later. She also underwent spinal fusion surgery three months after the discectomy. The woman would eventually undergo revision fusion surgery the following year. She claimed that her injuries affected her ability to walk long distances, and she was more sluggish in her daily routines. The Los Angeles County jury awarded her a $1,382,000 verdict.
• $21,513,000 Verdict (California 2020): An 18-year-old farmworker was a passenger in a van that was traveling on Avenue 15 in Madera. A vehicle rear-ended the van. The man suffered a C5 burst fracture. He was brought to the hospital, where staff performed emergency cervical surgery on him. The man was rendered a partial C4 quadriplegic following the surgery. He could only partly use his upper arms, wrists, and hands. The man was now wheelchair-bound for life. His doctors opined that the use of his hands and wrists were seriously impaired. The Madera County jury awarded him a $21,513,000 verdict.
• $1,357,746 Verdict (California 2014): A woman was driving through an intersection when a 16-year-old, who possessed a provisional driver’s license, ran a red light and struck her vehicle. Following the collision, she was treated with multiple surgeries and years of physical therapy. She sued the driver and his parents (the owners of the vehicle) for negligence. Plaintiff claimed that at the time of the accident she was attending court reporting classes and now cannot work the job because she can no longer sit for extended periods of time. Plaintiff also claimed that she was expected to require at least three hip replacements during her lifetime. Defendants argued that the 16-year-old had come to a complete stop at the light, but took his foot off the brake, which caused the vehicle to roll into the intersection. However, two witnesses contested that Defendant driver was traveling at least 45 mph upon impact. A Kern County jury found in favor of the Plaintiff for $1,357,746.
• $560,000 Settlement (California 2014): A 33-year-old state employee was driving her SUV on eastbound Rancho Penasquitos Boulevard in San Diego with her 2-year-old daughter and 61-year-old aunt riding as passengers. Without warning, a westbound truck veered into their lane and collided almost head-on. Both drivers and the passengers were taken by ambulance to separate hospitals. The state employee sustained a left ankle sprain, bruises to her chest, abdomen, both legs, and lacerations to her forehead and lower leg. She was also diagnosed with bulging lumbar disc and required epidural injections and physical therapy. Her aunt sustained eight fractured ribs, multiple lacerations throughout her body, and internal injuries that required her to be placed in a medically induced coma for three weeks after an emergency resection of 14-inches of her intestines. The two-year-old sustained a laceration to her upper lip, a bloody nose, and some abdominal bruising. They sued the driver of the truck and his employer for negligence. Defendant Employer claimed that Defendant Driver was driving his own personal pickup truck at the time of the accident and not in the scope of his employment. Defendant Driver claimed he had no recollection of the accident as he suffered a retroperitoneal hematoma prior to the collision, which rendered him unconscious, causing him to swerve into the Plaintiffs’ lanes. The plaintiffs’ counsel argued Defendant Driver suffered the retroperitoneal hematoma because of the collision, not prior. The parties agree to a total settlement of $560,000.
• $1,250,000 Settlement (California 2014): An 80-year-old Korean War veteran became a resident of a veterans nursing facility after suffering from multiple strokes. He was later transferred to a sister nursing facility where he was dropped on two occasions while being transported by the facility’s caregivers. After the second fall, he suffered a fracture of his vertebrae that ultimately left him paralyzed below the waist. The immobility caused him to suffer from multiple, painful pressure sores, including a Stage 4 pressure sore on his left ankle. He sued the facility, claiming negligent hiring and supervision. The parties agreed to settle for $1,250,000.
• California: $370,000 Verdict (California 2014): A 46-year-old was painting a property in Hemet when he leaned over the railing to clean a piece of his equipment. The railing collapsed underneath him and he fell, injuring his left shoulder. He visited a local emergency room where he was diagnosed with a torn rotator cuff of the left, dominant shoulder. The tear required two repair surgeries and physical therapy. He also sustained a herniated cervical disc from the fall. He sued the property owners, claiming the Defendants failed to warn of a dangerous condition. Plaintiff claimed he is unable to use his left arm, making him unable to run his painting company.  Defendants argued the extent of Plaintiff’s injuries, noting inconsistent exam results. A Riverside jury found in favor of the Plaintiff for $370,000.
• $4,000,000 Settlement (California 2014):  A 16-year-old woman presented at a San Francisco hospital for labor. At the time, it became apparent that the infant was in distress, but by the time the child was ultimately delivered through Cesarean section, he suffered a catastrophic brain injury. Now seven years old, the child suffers from spastic cerebral palsy and epilepsy, is unable to walk or crawl, cannot communicate, and requires 24-hour care. The child’s great grandmother sued the hospital on his behalf for medical malpractice, claiming the staff failed to timely deliver the infant when he demonstrated signs of distress. Defendant denied all liability. The parties agree to a settlement amount of $4,000,000.

How Are Personal Injury Settlements in California Calculated?

The value of a California personal injury settlement is influenced by more factors than we can count. They are so many variable in a given case to calculate settlement payout. But there are six critical factors we see over and over that drive compensation amounts.  While no two cases are identical, understanding how courts and insurance companies evaluate claims can help plaintiffs can help you get a better handle on your potential personal injury lawsuit settlement amount. Below, we discuss key factors that impact personal injury verdicts and settlements in California, including jurisdiction, severity of injuries, and legal representation.

1. The Severity of Injuries and Medical Treatment

One of the biggest factors in determining how much most personal injury settlements are is the severity of the plaintiff’s injuries. More serious injuries result in higher settlements and verdicts. For example, herniated disc injury settlements with steroid injections in California tend to be lower than cases involving spinal fusion surgery or permanent disability. Cases involving long-term medical treatment, such as six months of physical therapy, or injuries requiring three epidural injections for pain management can significantly increase settlement values.

2. Venue and Jurisdiction: Best Places for Plaintiffs in California

Where a case is filed—known as venue—plays a huge role in potential settlement value. Some counties are known for being more favorable to injury victims. The best jurisdictions in California for personal injury plaintiffs include:

• Los Angeles County
• San Francisco County
• Alameda County
• San Bernardino County
• Santa Clara County

On the other hand, more conservative jurisdictions like San Diego County and Orange County tend to favor defendants, which can result in lower settlements in California in 2024.

3. Strength of Liability and Evidence

If these were listed in order, this factor would come first.  To get a good settlement for a bodily injury claim, you need a responsible defendant (with a deep pocket, see #5 below). Liability plays a crucial role in determining California personal injury settlements. When fault is clear (e.g., rear-end car accidents or cases where security footage captures a slip and fall), settlements will be higher. Cases with comparative negligence—where the defendant argues the plaintiff was partially at fault—often see lower payouts.

4. Type of Personal Injury Case

Certain types of personal injury cases in California result in higher settlement values. Here are some averages:

• Car accidents: Settlement amounts vary widely, but cases involving severe injuries or 6 months of physical therapy can result in six- or seven-figure payouts.
• Slip and fall cases: The average slip and fall settlement in California depends on factors like location, liability, and injury severity. Cases involving broken bones or traumatic brain injuries settle higher than soft tissue injuries.
• Medical malpractice: High California personal injury verdicts are often seen in medical malpractice cases, especially those involving birth injuries and other injuries that cause catastrophic damage and future economic losses.
• Workers’ compensation: Settlements vary. They are not as high as personal injury claim, all things being equal.

5. Availability of Insurance and Policy Limits

A key factor in how to find lawsuit settlement amounts is whether the defendant has sufficient insurance coverage. If a defendant is underinsured, even strong cases may settle for less than their full value unless additional defendants can be brought into the case. There is also an issue in malrpractice lawsuits due to the cap on non-economic damges.

6. Quality of Legal Representation

This does not require an explanations.  The best personal injury lawyers maximize settlement payout for their clients.  It makes a huge difference.

California Personal Injury Law

Below is a summary of some of the most important aspects of personal injury law in California you need to know.

California Personal Injury Statute of Limitations

The statute of limitations is the deadline for filing a personal injury lawsuit in California a lawsuit in order to pursue compensation for their injuries.

The statute of limitations for personal injury or tort actions in California is set forth in Cal. Code Civil Pro. § 335.1., which states that the injured party or accident victim has 2 years “from the date of the injury, or the date it was discovered, or the date on which it would have been discovered with reasonable efforts.”

In a simple auto accident or slip and fall case, the 2-year SOL period in California begins to run from the date that the accident occurs. In more complex cases, like medical malpractice, the 2-years might not begin to run until some time later, when the plaintiff reasonably should have discovered their injury.

Statute of Repose

In California, the statute of repose for wrongful death and personal injury claims is a legal deadline that limits the time within which a plaintiff can file a lawsuit for damages. The statute of repose differs from the statute of limitations in that it is not based on the date of the injury or accident, but rather on the date of a particular event or occurrence (such as the date a product was manufactured or a building was completed), regardless of when the injury happens or is discovered. Lawyers get tripped up on the statue of repose because they are so focused on the statute of limitations.

There are different statutes of repose for different types of injuries:

• Construction Defect Cases (Cal. Code Civ. Proc. § 337.15)
  • A lawsuit for damages caused by a latent construction defect must be filed within 10 years of the substantial completion of the construction project.
  • This means that even if a structural defect in a building is discovered 11 years after completion, the claim is barred, regardless of when the damage or injury actually occurred.
• Medical Malpractice Cases (Cal. Code Civ. Proc. § 340.5)
  • The statute of repose for medical malpractice claims is three years from the date of injury, even if the patient does not discover the malpractice within that time.
  • However, if the malpractice is discovered within three years, a separate statute of limitations allows one year from the date of discovery to file a lawsuit.
  • Exceptions exist for fraud, concealment, or the presence of a foreign object left in the body.
• Product Liability Cases (No clear statute of repose, but case law limits claims)
  • Unlike many states, California does not have a statute of repose for product liability cases.
  • However, courts often dismiss cases against manufacturers when a product is very old, based on arguments about evidence deterioration and fairness to defendants.
• Wrongful Death Claims (Cal. Code Civ. Proc. § 335.1)
  • California has a statute of limitations of two years from the date of death for wrongful death claims.
  • There is no separate statute of repose for wrongful death claims, meaning courts do not impose an absolute cut-off unrelated to the date of injury.

California’s Modified Comparative Fault Rule

California follows a modified comparative negligence system, which means that a plaintiff’s recovery can be reduced based on their percentage of fault in causing the injury. This doctrine allows parties to recover damages in proportion to the fault of others involved in the incident. Under this principle, the fact-finder can reduce the damages awarded to a plaintiff by the percentage of fault assigned to them.

In this system, the burden shifts to the party seeking to reduce the damages payout. They must prove the key elements of a negligence claim by a preponderance of the evidence. Comparative negligence applies if the plaintiff’s own negligence was a substantial factor in causing their harm, as long as there are no legal restrictions limiting their liability for the damage.

If the plaintiff is found to be more than 50% at fault, they are barred from recovering any damages. However, if the plaintiff is 50% or less at fault, their damages will be reduced in proportion to their percentage of fault.

California Collateral Source Rule

The collateral source rule in California is a legal principle that allows an injured party to recover damages for their injuries and losses, regardless of whether they have received compensation from another source, such as insurance or benefits from a collateral source. This idea is counterintuitive for many.  But it is the law.

The collateral source rule determines how much a tortfeasor must pay an injured victim. Under this rule, if the victim receives compensation from an independent source, that payment does not reduce the damages the tortfeasor owes. The principle behind this rule is that individuals who have paid for insurance should benefit from their foresight, while the wrongdoer should not profit from the victim’s prudence. It also serves as a policy incentive, encouraging people to maintain insurance coverage for personal injuries and other unforeseen events.

The principle behind this rule is that individuals who have paid for insurance should benefit from their foresight, while the wrongdoer should not profit from the victim’s prudence. It also serves as a policy incentive, encouraging people to maintain insurance coverage for personal injuries and other unforeseen events.

Example of Collateral Source Rule in Action

For example, imagine a person is injured in a car accident caused by another driver’s negligence. The injured person seeks medical treatment and incurs $500,000 in medical bills. They are insured and their insurance company pays $400,000 of the medical bills. Under the collateral source rule, the injured person can still recover the full $500,000 in medical bills from the negligent driver, even though they have already received $400,000 in compensation from their insurance company. This is a big deal in many cases because jurors of consider pain and suffering damages in light of the medical bills claims.

Limits and Exceptions

There are some exceptions to the collateral source rule in California. For example, if the injured party’s collateral source benefits were received as a result of the defendant’s negligence, such as workers’ compensation benefits, the defendant may be entitled to a reduction in damages. Additionally, the collateral source rule may not apply in certain types of cases, such as medical malpractice cases.

Informed Consent Law in California

In California, the law requires healthcare providers to obtain informed consent from patients before performing any medical procedure or treatment. This means that healthcare providers must disclose material information to their patients about the nature of the treatment, the risks and benefits associated with the treatment, and any available alternatives.

The informed consent process is designed to ensure that patients are fully informed about their medical treatment options and can make an informed decision about their care. It also serves as a mechanism for healthcare providers to obtain legal protection against medical malpractice claims related to lack of informed consent.

In California, the informed consent process involves four key elements:

1. Disclosure of information: Healthcare providers must disclose information about the nature of the treatment, including the expected benefits and risks, as well as any alternative treatments.
2. Capacity: Patients must have the capacity to understand the information provided and make a decision about their treatment.
3. Voluntariness: Patients must be making the decision voluntarily, without any undue pressure or coercion from the healthcare provider.
4. Consent: Patients must provide their consent to the treatment, either orally or in writing.

If a healthcare provider fails to obtain informed consent from a patient, they may be held liable for medical malpractice if the patient suffers harm as a result of the treatment.

The informed consent process may vary depending on the type of treatment or procedure being performed. For example, some treatments may require more detailed disclosures than others, or may require special consent forms to be signed. It is very case specific which is why a jury is often needed to resolve the dispute over what the informed consent needed to be.

If you have been the victim of medical malpractice in California related to lack of informed consent, it is important to consult with an experienced medical malpractice attorney who can help you understand your legal rights and options. An attorney can help you pursue compensation for your injuries and losses, as well as hold the healthcare provider accountable for their actions.

Battery v. Informed Consent

Battery is also a potential claim in an informed consent claim. If a doctor performs a treatment on a patient that is substantially different from the treatment for which the patient gave consent, it can be considered a clear case of battery. But the occurrence of an undisclosed potential complication, which was a known risk but not an integral part of the treatment procedure, is an informed consent issue under California law.

New 2023 California Law on Caps for Malpractice Attorneys’ Fees and Damages

Starting from 2023, the state of California has introduced new regulations on legal fees and non-economic damages in medical malpractice suits, through AB 35. This law, signed by Governor Newsom, defines new fee structures and damage caps.

The new legislation introduces modifications to existing law regarding the contingency fee that an attorney can contract for or collect. Previously, the law tied the contingency fee limits to the amount recovered, where an attorney could collect 40% of the first $50,000, 33% of the next $50,000, 25% of the next $500,000, and 15% of any amount exceeding $600,000. The new legislation, however, links the tiered fee limits to the phase of the representation when the recovery is made.

So under AB 35, the amount attorneys can collect from the award depends on when the recovery is made. If recovery is achieved through a settlement before filing a civil complaint or a demand for arbitration, attorneys can claim 25% of the award. If the recovery is made post the commencement of a case or arbitration, the attorneys can collect 33%.

The legislation also revises the existing cap of $250,000 on non-economic damages by increasing it and allowing for future increments to account for inflation. It introduces two distinct caps depending on whether the case involves a wrongful death claim. In a wrongful death case, the cap is raised to $500,000, with an annual increment of $50,000 every January 1st until it reaches $1 million. For medical malpractice cases not involving wrongful death, the cap starts at $350,000, with a yearly increase of $40,000 until it reaches a maximum of $750,000.

California Sex Abuse Lawsuits

In California, victims of sexual abuse or sexual assault have the legal right to file a civil lawsuit and get financial compensation the harm caused by the abuse. Abuse survivors can file California sex abuse lawsuits against not only the individual who committed the abuse, but also against third parties like schools, churches, or employers, who negligently enabled the abuse to occur.

California Product Liability and Mass Tort Lawsuits

California product liability law holds manufacturers, distributors, retailers, and others in the supply chain strictly liable for injuries caused by defective products. This means that a plaintiff doesn’t need to prove negligence; they only need to show that the product was defective and that the defect caused their injury. California recognizes three primary types of product defects that can lead to liability:

Design Defects: These occur when a product is inherently unsafe due to its design. In California, there are two tests for determining whether a design is defective:

• Consumer Expectations Test: A product is defective if it fails to perform as safely as an ordinary consumer would expect when used in an intended or reasonably foreseeable manner. To meet the consumer expectations test, the plaintiff must show that the defendant’s product did not function as safely as an average consumer would anticipate when used—or even misused—in a reasonably expected manner. Additionally, the product’s failure to perform safely must have played a significant role in causing the plaintiff’s injury.
• Risk-Benefit Test: A product a product may be deemed defective if its design poses an excessive preventable danger. Importantly, once the plaintiff proves it caused their injury, the burden shifts to the defendant to show that the design’s benefits outweigh its risks.

Manufacturing Defects: These occur when a product is not made according to its intended design, resulting in a product that is more dangerous than expected. Manufacturing defects are often easier to prove because they focus on deviations from the intended product design.

Warning Defects (Failure to Warn): These occur when a manufacturer fails to provide adequate instructions or warnings about the dangers of using the product. In California, manufacturers are required to warn consumers about the potential risks associated with the foreseeable use of their products, even if the product itself is not defective.

There are currently a number of product liability “mass torts” impacting large numbers of California residents, including claims that our firm is currently handling:

• Paraquat Lawsuits: Paraquat is a powerful herbicide used in commercial farming. Thousands of lawsuits are pending claiming that chronic exposure to Paraquat can cause early-onset Parkinson’s disease.
• Bard PowerPort Lawsuit: The PowerPort is a port catheter device implanted under the skin, commonly used by chemo patients. Defects in Bard’s PowerPort have led to complications and spawned a growing number of product liability lawsuits.
• Suboxone Lawsuits: Suboxone is a prescription drug used for the treatment of opioid addiction. The Suboxone lawsuits allege that the manufacturer failed to warn that the drug caused acute tooth decay.
• Depo-Provera Lawsuit: Better known as the “birth control shot,” Depo-Provera has recently been linked to brain tumors. Victims are now suing the Pfizer for failure to warn.

California Asbestos Lawsuits

Asbestos is a material that was widely used for over a century all across the state of California. Exposure to airborne asbestos is known to cause a rare and deadly type of cancer called mesothelioma and can also cause lung cancer. Anyone who worked around or was otherwise exposed to asbestos and was later diagnosed with mesothelioma can file an asbestos lawsuit and get compensation for their injuries. California asbestos lawsuits result in millions in settlement compensation every year.

LA Wildfire Lawsuits

Victims of the 2025 LA wildfires are bringing civil lawsuits against Southern California Edison alleging that the utility company negligently caused the Eaton Fire which began in the Altadena area of Los Angeles County and burned through 14,000 acres. Our lawyers are currently accepting LA wildfire lawsuits from victims of the disaster.

Get a Personal Injury Lawyer to Fight for Your

If you have a serious personal injury or wrongful death claim, get a free online case evaluation or call 800-553-8082.