Does MICRA limit noneconomic damages in auto accident cases?

What the Law Says

The Medical Injury Compensation Reform Act (MICRA) imposes a strict cap on noneconomic damages—but only in lawsuits alleging professional negligence by health care providers.

MICRA was enacted in 1975 to address rising medical malpractice insurance costs. Its noneconomic damages cap is found in California Civil Code section 3333.2.

Noneconomic damages include compensation for pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life—types of harm commonly claimed in both medical malpractice and auto accident cases.

However, MICRA’s cap applies exclusively to 'professional negligence' claims against health care providers—not to ordinary negligence claims like those arising from car crashes.

Statutory Text

In any action for injury against a health care provider based upon professional negligence, the plaintiff shall be entitled to recover noneconomic losses in an amount not to exceed two hundred fifty thousand dollars ($250,000).

— Civil Code § 3333.2(a) — Limitation on recovery of noneconomic losses

What Courts Have Said

California courts have consistently held that MICRA does not extend beyond medical malpractice claims—even when injuries involve both medical treatment and another event like a car crash.

What to Do

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