Injury Claims, Medical Treatment, and Compensation - California Law
Yes, you should always see a doctor after a California car accident even if you feel fine initially. Many injuries don't show symptoms immediately due to adrenaline masking pain, delayed onset of soft tissue injuries, and internal injuries that aren't externally visible. Common delayed-onset injuries include:
Seeking prompt medical attention creates documentation linking injuries to the accident, prevents insurance companies from claiming you weren't really hurt, and ensures proper diagnosis. Most doctors recommend evaluation within 72 hours of an accident.
California car accident victims can claim compensation for a wide range of physical and psychological injuries including:
Both acute injuries and chronic conditions that develop over time are compensable. Pre-existing conditions aggravated by the accident are also compensable.
Several options exist for paying for medical treatment after a California car accident while your claim is pending:
Work with your attorney to coordinate payment sources and understand any reimbursement obligations from your eventual settlement.
Maximum Medical Improvement (MMI) is the point at which your condition has stabilized and is unlikely to improve further with additional treatment, though you may still require ongoing maintenance care. Reaching MMI matters because it allows accurate calculation of total medical expenses, helps determine any permanent impairment, enables proper valuation of future medical needs, and provides a clear picture for settlement negotiations.
Settling before reaching MMI is risky because you may not know the full extent of your injuries and cannot reopen your claim later if your condition worsens. Once you reach MMI, your doctor can provide a prognosis and, if applicable, a permanent impairment rating. For severe injuries, wait for MMI before finalizing any settlement.
Pain and suffering damages compensate for physical discomfort and emotional distress. California doesn't have a statutory formula, but common methods include the multiplier method (economic damages x 1.5-5 based on severity) and the per diem method (daily dollar amount x recovery days).
Factors affecting calculations include severity and type of injuries, whether injuries are permanent, impact on daily activities, emotional distress, recovery duration, and visible scarring. Document your pain and suffering with a daily journal describing symptoms and limitations. Family member testimony about how the accident affected you also supports your claim.
Yes, California follows the eggshell plaintiff doctrine, meaning the at-fault driver must take their victim as they find them. If a pre-existing condition was aggravated by the accident, you can recover for additional treatment needed, increased pain and suffering, additional time off work, and any permanent worsening of your condition.
However, you can only recover for the aggravation, not the original underlying condition. Insurance companies often try to blame symptoms on pre-existing conditions, so document your condition before and after the accident with medical records and obtain a doctor's opinion on how the accident worsened your condition. Be honest about your medical history.
You can recover lost wages as part of your California car accident claim if injuries prevented you from working. Recoverable lost income includes:
To prove lost wages, obtain a letter from your employer confirming pay rate and time missed. Self-employed individuals should provide tax returns and business records. If injuries prevent returning to your previous job, you may also claim future lost earning capacity with expert testimony.
Thorough documentation is essential for maximizing your claim. Keep copies of all medical records including ER reports, hospital records, diagnostic imaging, treatment notes, and prescription records. Financial documentation should include all medical bills, receipts for out-of-pocket expenses, and proof of lost wages.
Personal documentation is also valuable: keep a daily pain journal recording symptoms, limitations, and emotional state. Take photographs of visible injuries throughout recovery. Document how injuries affect daily activities. Witness statements from family members can support your claim. Organize documents chronologically and maintain multiple copies.
Yes, California allows recovery for emotional distress and psychological trauma resulting from car accidents. Compensable emotional injuries include:
Seek treatment from a mental health professional who can diagnose your condition. A formal diagnosis strengthens your claim significantly. Emotional trauma damages are included in pain and suffering calculations and can substantially increase claim value.
If your injuries require ongoing or future medical treatment, you can include anticipated costs in your claim. Future medical expenses may include additional surgeries, ongoing physical therapy, future medications, medical equipment needs, home care assistance, and chronic pain treatment.
You'll need medical evidence supporting the need for continued treatment through your physician's testimony or a medical expert opinion. A life care planner can provide comprehensive cost projections for catastrophic injuries. Future damages must be proven to a reasonable medical probability. Don't settle until you understand all future treatment needs, as you cannot reopen your case after settlement.
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