MICRA Non-Economic Damage Cap Calculator
This tool helps estimate the maximum amount of non-economic damages (such as pain, suffering, and emotional distress) that may be awarded in a California medical malpractice case, subject to the caps imposed by the Medical Injury Compensation Reform Act (MICRA).
Enter the total amount of non-economic damages claimed *before* any cap is applied, and select the applicable MICRA cap based on the date and nature of the injury.
Calculate Capped Damages
Understanding the MICRA Cap on Non-Economic Damages
What is MICRA?
MICRA (Medical Injury Compensation Reform Act) is a California law passed in 1975 that placed various limits on medical malpractice lawsuits, including a cap on non-economic damages.
What are Non-Economic Damages?
Non-economic damages are subjective losses that do not have a specific monetary value. In medical malpractice cases, these typically include compensation for pain, suffering, inconvenience, physical impairment, disfigurement, mental suffering, emotional distress, loss of consortium (companionship), etc.
The MICRA Cap Explained
The MICRA cap limits the maximum amount a plaintiff can recover for non-economic damages, regardless of how severe the suffering or emotional distress is deemed to be by a jury. Economic damages (like medical bills, lost wages, future care costs) are *not* capped by MICRA.
Cap Values (Historical and Current Initial Values)
- Pre-2023 Injuries: For injuries occurring before January 1, 2023, the cap was fixed at $250,000.
- Post-2023 Injuries (AB 35): Under reforms passed in 2022 (AB 35), the cap for injuries occurring on or after January 1, 2023, is higher and adjusts annually for inflation. There are two tiers:
- Non-Catastrophic Injuries: The initial cap is $350,000 (as of Jan 1, 2023), increasing by $40,000 each year.
- Catastrophic Injuries: The initial cap is $500,000 (as of Jan 1, 2023), increasing by $50,000 each year.
- Multiple Defendants: If there are multiple defendants, the caps can potentially stack, up to certain limits depending on the type of injury and the number of defendants. This calculator addresses the *single cap* scenario for simplicity.
Note: This calculator uses the *initial* 2023 cap values for the post-2023 tiers for simplicity. The actual applicable cap for injuries in future years will be higher due to the annual increases. Consult a legal professional for the precise cap value applicable to a specific case and injury date.
How the Cap Works in Calculation
The capped amount is simply the *lesser* of the total non-economic damages determined by the jury (or agreed upon) and the applicable MICRA cap value.
Capped Damages = MIN(Total Non-Economic Damages, Applicable MICRA Cap)
MICRA Cap Examples
See how the MICRA cap applies in different scenarios:
Example 1: Claim Below Pre-2023 Cap
Scenario: A jury awards $150,000 in non-economic damages for an injury that occurred before 2023.
Input: Claimed Non-Economic Damages = $150,000, Applicable Cap = Pre-2023 ($250,000).
Calculation: MIN($150,000, $250,000)
Result: $150,000. The claimed amount is below the cap, so the full claimed amount is recoverable (for non-economic damages).
Example 2: Claim Above Pre-2023 Cap
Scenario: A jury awards $750,000 in non-economic damages for an injury that occurred before 2023.
Input: Claimed Non-Economic Damages = $750,000, Applicable Cap = Pre-2023 ($250,000).
Calculation: MIN($750,000, $250,000)
Result: $250,000. The claimed amount is above the cap, so the recoverable non-economic damages are limited to the cap amount.
Example 3: Claim Below Post-2023 Non-Catastrophic Initial Cap
Scenario: A jury awards $300,000 in non-economic damages for a non-catastrophic injury occurring in early 2023.
Input: Claimed Non-Economic Damages = $300,000, Applicable Cap = Post-2023 (Non-Catastrophic, $350,000 Initial Cap).
Calculation: MIN($300,000, $350,000)
Result: $300,000. The claimed amount is below the initial post-2023 non-catastrophic cap, so the full claimed amount is recoverable.
Example 4: Claim Above Post-2023 Non-Catastrophic Initial Cap
Scenario: A jury awards $1,000,000 in non-economic damages for a non-catastrophic injury occurring in early 2023.
Input: Claimed Non-Economic Damages = $1,000,000, Applicable Cap = Post-2023 (Non-Catastrophic, $350,000 Initial Cap).
Calculation: MIN($1,000,000, $350,000)
Result: $350,000. The claimed amount is above the initial post-2023 non-catastrophic cap, so the recoverable non-economic damages are limited to the cap amount.
Example 5: Claim Below Post-2023 Catastrophic Initial Cap
Scenario: A jury awards $400,000 in non-economic damages for a catastrophic injury occurring in early 2023.
Input: Claimed Non-Economic Damages = $400,000, Applicable Cap = Post-2023 (Catastrophic, $500,000 Initial Cap).
Calculation: MIN($400,000, $500,000)
Result: $400,000. The claimed amount is below the initial post-2023 catastrophic cap, so the full claimed amount is recoverable.
Example 6: Claim Above Post-2023 Catastrophic Initial Cap
Scenario: A jury awards $1,500,000 in non-economic damages for a catastrophic injury occurring in early 2023.
Input: Claimed Non-Economic Damages = $1,500,000, Applicable Cap = Post-2023 (Catastrophic, $500,000 Initial Cap).
Calculation: MIN($1,500,000, $500,000)
Result: $500,000. The claimed amount is above the initial post-2023 catastrophic cap, so the recoverable non-economic damages are limited to the cap amount.
Example 7: Zero Claimed Damages
Scenario: A case involves only economic damages, and zero non-economic damages are claimed.
Input: Claimed Non-Economic Damages = $0, Applicable Cap = Pre-2023 ($250,000).
Calculation: MIN($0, $250,000)
Result: $0. Since no non-economic damages were claimed, the capped amount is $0. The cap doesn't affect economic damages.
Example 8: Claim Exactly at Pre-2023 Cap
Scenario: A jury awards $250,000 in non-economic damages for a pre-2023 injury.
Input: Claimed Non-Economic Damages = $250,000, Applicable Cap = Pre-2023 ($250,000).
Calculation: MIN($250,000, $250,000)
Result: $250,000. The claimed amount equals the cap, so the recoverable non-economic damages are the cap amount.
Example 9: Claim Exactly at Post-2023 Non-Catastrophic Initial Cap
Scenario: A jury awards $350,000 in non-economic damages for a non-catastrophic injury in early 2023.
Input: Claimed Non-Economic Damages = $350,000, Applicable Cap = Post-2023 (Non-Catastrophic, $350,000 Initial Cap).
Calculation: MIN($350,000, $350,000)
Result: $350,000. The claimed amount equals the initial cap, so the recoverable non-economic damages are the cap amount.
Example 10: Very High Claim with Post-2023 Catastrophic Initial Cap
Scenario: A jury awards $5,000,000 in non-economic damages for a catastrophic injury in early 2023.
Input: Claimed Non-Economic Damages = $5,000,000, Applicable Cap = Post-2023 (Catastrophic, $500,000 Initial Cap).
Calculation: MIN($5,000,000, $500,000)
Result: $500,000. The very high claimed amount is significantly above the initial post-2023 catastrophic cap, so the recoverable non-economic damages are limited to the cap amount.
Frequently Asked Questions about the MICRA Cap
1. What does MICRA cap?
MICRA specifically caps non-economic damages in California medical malpractice cases. It does *not* cap economic damages like medical bills or lost wages.
2. What are examples of non-economic damages?
Pain, suffering, emotional distress, disfigurement, physical impairment, inconvenience, loss of enjoyment of life, and loss of consortium are common examples.
3. What was the old MICRA cap amount?
For injuries that occurred before January 1, 2023, the cap on non-economic damages was $250,000.
4. How did the MICRA cap change in 2023?
Under AB 35 (effective Jan 1, 2023), the cap increased and became indexed to inflation. There are now different initial caps for non-catastrophic ($350,000) and catastrophic ($500,000) injuries, and these amounts increase annually.
5. Does the calculator use the annually adjusted cap values?
For simplicity, this calculator uses the *initial* cap values ($250,000, $350,000, $500,000). The actual cap for post-2023 injuries increases each year. Always consult a legal professional for the exact cap applicable to a specific date of injury.
6. How does the calculator determine the capped amount?
It simply compares the non-economic damages claimed (or awarded) to the selected applicable MICRA cap. The resulting capped amount is always the *lower* of these two values.
7. Does the cap apply per defendant?
Under the post-2023 reforms, there can be separate caps for multiple defendants, up to a certain overall limit. This calculator demonstrates the effect of a *single* cap scenario. Multi-defendant cases are more complex and require legal advice.
8. Can MICRA affect other parts of a medical malpractice case?
Yes, MICRA also has provisions regarding attorney fees, limits on contingency fees, rules about expert witnesses, and requirements for notifying defendants before filing a lawsuit. The cap on non-economic damages is just one aspect.
9. Is the MICRA cap always applied?
The cap applies to non-economic damages in cases that fall under MICRA, primarily medical negligence lawsuits against healthcare providers. If the jury award for non-economic damages is *less* than the cap, the cap has no practical effect on that award amount.
10. What is the difference between a non-catastrophic and catastrophic injury under the new law?
The law defines "catastrophic injury" specifically, generally involving permanent substantial physical deformity, paralysis, disfigurement, or severe cognitive impairment that renders the injured person permanently incapable of performing activities of daily living, or a permanent injury rendering the person unable to manage their financial affairs. This distinction affects which post-2023 cap tier applies.
