What a serious injury claim can include

More than the first round of bills

When someone is seriously injured through another person's or company's carelessness, the first offer from an insurance company often focuses on the bills that have already arrived. But a serious injury can affect your health, work and family for years. A fair claim looks at the whole picture, including what lies ahead.

California law generally allows an injured person to seek compensation for both economic losses, which can be measured in dollars, and non-economic losses, which are real but harder to put a number on.

Economic losses

• Medical care so far: emergency treatment, hospital stays, surgery, therapy and medication
• Future medical care, such as further surgery, rehabilitation, equipment and long-term care
• Lost wages and income while you recover
• Lost earning capacity if the injury limits the work you can do in the future
• Household help, transportation to appointments and other out-of-pocket costs
• Home or vehicle modifications needed because of the injury
• Property damage, where it applies

Non-economic losses

Non-economic damages compensate for pain, suffering, emotional distress, disfigurement, physical impairment and the loss of enjoyment of life. They recognize that an injury changes how you live, not just what you spend. For catastrophic injuries such as brain or spinal cord injuries, amputations or severe burns, these losses can be among the most significant parts of a claim.

Planning for the future

Future losses are often the hardest to prove and the easiest for an insurer to discount. Depending on the injury, building that part of a claim can involve treating physicians, life-care planners, vocational specialists and economists who estimate future medical needs and lost earnings. Settling before your medical future is clear can leave you without resources later.

What can affect the value

Every case is different. The value of a claim depends on the severity and permanence of the injury, the strength of the evidence about who was responsible, any shared fault, the available insurance and other factors. How medical expenses are measured can also depend on what was actually paid for your care. No one can honestly tell you what a case is worth without looking closely at the facts.

Who pays

In many cases, compensation comes from the responsible party's insurance. Serious injuries can exceed the limits of a single policy, so it matters to identify every source of coverage early. That can include policies held by employers, businesses, property owners or manufacturers, and in vehicle cases, your own uninsured or underinsured motorist coverage. Health insurance and other benefits may have paid part of your medical bills and may have rights to be repaid from a recovery. Sorting this out is part of making sure a settlement actually leaves you with what you need.

When someone has died

When a serious injury ends in a death, California law allows certain family members to bring a wrongful death claim for the loss of their loved one's financial support, care and companionship. A related claim may be brought on behalf of the estate. These claims have their own rules and deadlines, and families deserve careful, compassionate guidance through them.

Protecting the full value of your claim

• Get medical care and follow your treatment plan
• Keep records of every appointment, bill, prescription and mile driven for care
• Keep a simple journal of pain, limitations and missed activities
• Save pay stubs and records of missed work
• Be careful about recorded statements to another party's insurer
• Don't sign a release or accept a settlement before you understand your future needs

Talk with a lawyer before you settle

Insurance companies have adjusters, lawyers and software to value claims. Seriously injured people deserve someone just as prepared on their side. A free review can help you understand what your claim may include and what steps protect it.

This article is general information about California law, not legal advice. Every situation is different, and reading it does not create an attorney-client relationship. For advice about your situation, talk with a lawyer.