Compensation in a California Personal Injury Case

Economic losses: expenses and financial effects

Potential economic losses may include supported medical expenses, lost earnings, future care needs, loss of earning capacity and other accident-related costs. The rules governing proof and recoverability differ by category.

Keep bills, payment records, receipts, employment information and medical recommendations. Identify who paid a charge and whether a balance remains. A billed amount alone does not resolve every question about recoverable medical expenses.

Noneconomic losses: the effect on your life

An injury can affect comfort, independence, emotional well-being and enjoyment of activities. Describe what changed in concrete terms. For example, explain how symptoms affected sleeping, standing at work or participating in family activities.

Be accurate about frequency, duration and improvement. Do not exaggerate or assume that a particular phrase will increase the value of the case. Your experience needs to be evaluated with the other evidence.

Future losses require support

Ongoing symptoms or a recommended procedure may raise questions about future expenses and limitations. An attorney may need medical opinions, employment information or other evidence to evaluate those issues.

Distinguish what a provider recommended from what you believe might happen. Preserve written recommendations and tell the office about changes in the treatment plan.

There is no automatic formula

Multiplying medical bills by a number is not a reliable way to value every injury claim. Disputed responsibility, causation, credibility, available evidence, coverage and collectability can affect the evaluation. Special statutory limits may apply to particular claims.

Ask your attorney to explain the strongest evidence, the disputed issues and the assumptions behind any settlement recommendation.

The settlement amount is different from your net payment

Attorney fees, case costs and valid third-party claims or reimbursement obligations may affect distribution. The written fee agreement and the facts govern what applies.

Before authorizing a settlement, ask how deductions are expected to work and which amounts remain unresolved. A proposed net estimate can change when outstanding information is received. Review the final accounting and ask questions before approving distribution.

Records that help an evaluation

• A complete provider and treatment list.
• Bills, insurance notices and payment information.
• Wage records and an explanation of missed work.
• Receipts and specific examples of daily limitations.
• Information about prior conditions and later incidents.