: Plaintiffs must prove liability by a preponderance of the evidence (i.e., it is more than 50% likely the defendant was negligent). 3. Damages and Settlements
: These are notoriously difficult, with a nationwide plaintiff success rate at trial of only 20–30% due to the complexity of proving a breach in the standard of medical care.
Compensation is divided into economic and non-economic categories. California does not have a "cap" on most wrongful death damages, except in certain medical malpractice cases.