CACI No. 3900 series: how California juries measure tort damages

Once a California jury finds a defendant responsible, it has to set the amount. The 3900 series of CACI gives jurors the rules for that step. The rules start from Civil Code section 3333, which measures tort damages as the amount that will compensate for all the harm the wrongful conduct caused (Civ. Code § 3333; CACI Nos. 3900 to 3905A).

CACI No. 3900 and 3901: the general rule

CACI No. 3900 is read when liability is contested, and CACI No. 3901 when it has been established. Both say the same three things about money:

• Jurors set the sum that fairly pays the plaintiff back for the harm, and that sum is called damages.
• Every item of harm the wrongful conduct caused belongs in the award, including harm nobody could have predicted.
• Exact figures are not required, but jurors may not fill gaps by speculating or guessing.

The last point cuts both ways. A plaintiff with a real loss that is hard to price is not shut out, and a plaintiff who offers only a guess cannot ask the jury to fill the gap with its own. The instructions on each specific item of damage follow.

CACI No. 3902: two categories, stated separately

CACI No. 3902 tells the jury that the damages fall into economic and non-economic categories and that the verdict form will ask for each separately. The Sources and Authority explain why the split matters. Under Proposition 51, codified at Civil Code section 1431.2, defendants share joint liability for economic losses but pay non-economic damages only in proportion to their own fault. The sources also cite Civil Code section 3333.2, the MICRA limit on non-economic damages in claims against health care providers. Our comparative fault explainer covers how the percentages work.

Economic damages: medical bills and lost earnings

CACI No. 3903 introduces the economic items, which come from a menu of lettered instructions that runs from 3903A through 3903P. Two of them come up often in injury cases.

Medical expenses: CACI No. 3903A

For past care, the plaintiff proves what the care that was reasonably needed reasonably cost. For future care, the plaintiff proves the reasonable cost of the care that is reasonably certain to be needed later. The Sources and Authority quote the California Supreme Court's decision in Howell v. Hamilton Meats & Provisions (2011): a plaintiff whose care was paid through private insurance may recover no more than the amounts paid or still owing, not the provider's full billed rate. A later appellate decision quoted with the instruction, Bermudez v. Ciolek (2015), states the measure as the lesser of the amount paid or incurred and the reasonable value of the services.

Lost earnings: CACI No. 3903C

Past lost earnings are the income the plaintiff has lost to date. Future lost earnings are what the plaintiff is reasonably certain to lose because of the injury. The Directions for Use say this instruction is not meant for employment cases and should be given along with CACI No. 3906, which tells jurors not to reduce lost earnings or earning capacity based on race, ethnicity or gender.

CACI No. 3904A: present cash value

Money paid today can be invested and grow, so a lump sum for losses years away can overpay. CACI No. 3904A tells jurors that future economic damages, such as future lost earnings or medical costs, may have to be reduced to present cash value: the amount that, reasonably invested now, would produce the future loss. One bracketed version puts the burden on the defendant to prove present value through expert testimony. Another applies when the parties agree on the interest rate.

CACI No. 3905A: pain, suffering and emotional distress

Non-economic damages cover harms without a price tag. CACI No. 3905A gives the judge a menu of these harms to choose from, among them physical pain, disfigurement, lost enjoyment of life and emotional distress. The instruction says plainly that no fixed standard exists for these amounts. Jurors rely on the evidence, their own judgment and common sense to settle on a reasonable figure.

For future non-economic harm, the plaintiff must prove it is reasonably certain to occur. Jurors state the amount in current dollars at the time of judgment, and the Directions for Use say not to reduce it further to present value, citing the California Supreme Court in Salgado v. County of Los Angeles (1998). Present value reductions belong to future economic damages only.

Damages checklist

• Medical costs. Collect bills and the amounts actually paid by you or your insurer.
• Future care. Get a treating provider's opinion on what care is reasonably certain.
• Earnings. Keep pay stubs, tax returns and employer letters showing time missed.
• Daily impact. Keep a dated record of pain, limits and activities you can no longer do.
• Split the two kinds. Economic and non-economic losses are found and paid differently.

This page explains California's official jury instructions for general readers and is legal information, not legal advice. It does not estimate what any claim is worth. Consult a lawyer licensed in California about a specific case.