Battle Over Personal Injury Lawsuit Limits “Heating Up Again” in California

Two Tort-Based Initiatives Headed to the 2022 Ballot

Since 1975, a law has limited the amount of damages for non-economic losses a person can seek in a medical malpractice case. According to the Medical Injury Compensation Reform Act (MICRA), non-economic damages such as “pain and suffering” shall not exceed $250,000 in an action based on injury related to medical negligence. Opponents of the law are hopeful a new ballot measure will repeal that limitation.

At Levin & Nalbandyan, LLP, our personal injury lawyers fight to get victims of medical malpractice the largest recovery allowed under California law, including compensation for pain and suffering, physical impairment, disfigurement, and more. If you believe that you were injured as a result of a health care provider’s negligence, contact our office at (213) 232-4848 to schedule a free consultation. 

Limitation on Pain and Suffering

In 1975, California Governor Jerry Brown signed into law the Medical Injury Compensation Reform Act (MICRA), placing a cap on how much money a victim of medical malpractice could receive for non-economic damages. In the past 40 years, attempts to modify or repeal the law have been unsuccessful. 

Attorneys and consumer advocates hope to change that with a new initiative that has already qualified for the 2022 ballot. As reported by GV Wire, the $250,000 limit may face its toughest battle this year. According to the publication, the new ballot measure “would indirectly but effectively repeal MICRA.” 

Limiting Lawyers’ Contingency Fees

A second initiative put forward by the Civil Justice Association of California calls for a limit on the contingency fees that a lawyer could receive in personal injury cases. Contingency fee representation has long been a cornerstone of personal injury cases. Attorneys accept cases at no upfront cost, giving personal injury victims the access to quality representation that they need and deserve.

When a personal injury attorney accepts a case on a contingency fee basis, they front all of the costs of litigation and work for an agreed-upon portion of the final verdict or settlement in the case. As discussed by GV Wire, the “Consumer Legal Fee Protection Act” would limit the contingency fee amount that a lawyer can receive to 20% of the recovery. If passed, the new law may result in attorneys being less likely to take cases.

Injured Due to Another Person’s Negligence?

Were you or a loved one injured due to another person’s negligence? You might be entitled to compensation through a personal injury lawsuit. A personal injury lawsuit allows you to bring a claim for economic damages, including your medical bills, lost wages, loss of future earning capacity, and more. 

Our legal team is dedicated to fighting for those who have been injured due to someone else’s wrongdoing. We work hard to ensure that you receive the maximum recovery allowed by law. We have recovered millions on behalf of our clients and are ready to take your call.

Contact Our Office for a Free Consultation

Schedule a free consultation today at (213) 232-4848. Our experienced trial lawyers will help you understand your rights and whether you are eligible for compensation based on your injuries. Get the high-quality legal representation you need now.




If your claim has been denied or your attorney has decided to give up, reach out to our firm for a second opinion.