What Damages Can I Claim in a California Personal Injury Case?

If you’ve been injured in an accident in California, you may be entitled to recover money—called damages—from the at-fault party or their insurance company. Damages are meant to compensate you for the harm you’ve suffered, whether it’s financial, physical, or emotional.

Below is an overview of the types of damages typically available in a California personal injury case (excluding wrongful death damages).

1. Medical Expenses (Past and Future)

You can claim the reasonable value of all medical care related to your injuries, both past and future. This includes:

• Emergency room visits and hospital stays
• Doctor appointments
• Surgeries and procedures
• Physical therapy and rehabilitation
• Prescription medications
• Medical equipment (crutches, braces, wheelchairs)
• In-home nursing care

You can also claim reasonably expected future medical bills if your injuries will require ongoing treatment. Your attorney will often work with medical experts to estimate the cost of surgeries, therapy, or other care you may need years down the road.

2. Lost Income (Past and Future)

If your injuries prevent you from working, you can recover for wages and benefits you’ve already lost, including:

• Salary or hourly pay
• Overtime
• Bonuses and commissions
• Lost self-employment income
• Lost retirement or pension contributions

If your injuries will limit your ability to work in the future, you may also claim loss of future earning capacity—sometimes called future wage loss. This covers the income you would have reasonably earned if the accident hadn’t happened.

3. Pain and Suffering

California law allows recovery for physical pain and mental suffering caused by your injuries. This may include:

• Pain and discomfort
• Emotional distress, anxiety, or depression
• Post-traumatic stress (PTSD)
• Loss of enjoyment of life
• Physical impairment or disfigurement

There is no fixed formula for calculating pain and suffering—insurance companies and juries consider the severity of your injuries and their impact on your daily life.

4. Loss of Consortium

If you are married or in a registered domestic partnership, your spouse or partner may have a loss of consortium claim. This compensates them for the loss of companionship, affection, support, and intimacy caused by your injuries.

5. Property Damage

If your personal property was damaged in the accident (such as your car, motorcycle, bicycle, or personal items), you can claim the reasonable cost of repair.

If your property is a total loss, you can claim its fair market value at the time of the accident.

6. Loss of Use of Property

Even if your property is repairable, you can claim damages for the loss of use during the repair period.

• For a vehicle, this might include the cost of a rental car or reasonable compensation for being without transportation.
• Loss of use damages apply whether or not you actually rent a replacement—you are entitled to the reasonable value of the loss.

7. Other Out-of-Pocket Expenses

You can also claim reimbursement for reasonable, necessary expenses caused by the incident, such as:

• Transportation to medical appointments
• Home modifications (wheelchair ramps, bathroom changes)
• Childcare costs if you’re unable to care for your children due to your injuries

8. Punitive Damages (in Limited Cases)

Punitive damages are not available in every case. They are meant to punish the wrongdoer and deter similar conduct—not to compensate you for your losses. In California, punitive damages may be awarded if the defendant’s conduct was malicious, oppressive, or fraudulent—for example, a drunk driver causing a serious crash.

Example: Combining Economic and Non-Economic Damages

If you were hit by a distracted driver in California:

• Your car was totaled (property damage)
• You rented a car for 3 weeks (loss of use)
• You needed surgery and months of physical therapy (past medical expenses)
• Your doctor says you’ll likely need another surgery in 5 years (future medical expenses)
• You missed 2 months of work (past lost income)
• You can no longer perform your physically demanding job (future wage loss)
• Your spouse has lost companionship and intimacy (loss of consortium)
• You continue to experience pain and anxiety about driving (pain and suffering)

All of these categories could be part of your personal injury claim.

Bottom Line:

California personal injury law allows you to be compensated for the full range of losses you’ve suffered—medical, financial, emotional, and property-related. A skilled attorney will identify and document all your damages, including those you may not realize you can claim, to help ensure you receive the maximum recovery possible.

Editorial Transparency:

Portions of this page were created or enhanced using secure artificial intelligence tools under the supervision of our legal team to ensure accuracy and clarity. All legal information has been reviewed and approved by a licensed California attorney.