A serious personal injury can be life-changing. LA Century Law explains what qualifies as serious injury in a San Bernardino personal injury claim and what you should know.
How California Law Defines a Serious Injury
Serious injury is bodily harm that significantly impacts you, or impacts you for a long time, even permanently. It may affect your health or daily activities.
California law allows anyone with a bodily injury claim to seek damages. There isn’t a minimum threshold of serious injury to meet.
Still, when you have a serious personal injury, there are important things to know and do to receive full compensation.
Common Types of Serious Injuries in San Bernardino Personal Injury Cases
Here are some common types of serious injuries in San Bernardino personal injury cases:
- Broken bones. This may cause complications, pain, mobility loss, and disfigurement.
- Organ damage. Impacting bodily function and major bodily systems.
- Paralysis. From cord damage.
- Traumatic brain injury. Causing physical, cognitive, and emotional symptoms.
- Disability. Permanent disability and lifestyle limitations.
- Disfigurement. Scars and other visible disfigurements.
- Amputation. Loss of a limb.
A single injury or the cumulative effect of multiple injuries may be serious.
Why the Severity of Your Injury Affects Your Compensation
The severity of your injury affects your compensation. The more serious your injuries are, the greater your damages will be. That’s the law in California. Both economic and non-economic losses are likely to be greater when injuries are severe.
California law protects the rights of victims of serious injury to claim compensation for damages resulting from the injury. The person seeking compensation must prove that the defendant has legal fault and liability to pay compensation. Once that’s proven, damages are awarded based on individual losses. Even based on the same negligent conduct, one person could have damages worth $1,000 while someone else’s damages are worth $1 million. It’s a case-by-case determination that depends significantly on the severity of the person’s injuries.
Issues in California Serious Injury Claims
Here are some issues that may be especially important in a California serious injury claim:
Causation
Causation of injuries is often highly contested in serious injury claims. California Evidence Code 801.1 states that if a plaintiff testifies to medical causation to a degree of reasonable certainty, the defense expert may suggest a different cause only if they can speak to causation to a degree of medical probability. But they may state their disagreement that the plaintiff’s suggested causation is reasonably probable.
Insurance
An injured victim may not receive economic damages in excess of the amounts paid by their health insurance company for treatment. But the injured victim doesn’t have to use their medical insurance plan to receive treatment. Pebley v. Santa Clara Organics (2018), Howell v. Hamilton Meats & Provisions, Inc. (2011).
Uninsured victim
Medical compensation for an uninsured plaintiff depends on the reasonable value of services. The plaintiff may introduce the amounts actually billed as evidence of reasonable value Bermudez v. Ciolek (2015).
Future damages
Juries can consider Medicare and other insurance benefits that may mitigate future damages Audish v. Macias (2018), Cuevas v. Contra Costa County (2017).
Legal changes
In 2025, California raised its caps on noneconomic damages in medical malpractice claims. An experienced attorney can ensure that your claim accounts for recent changes and updates in the law.
Serious Injury vs. Minor Injury: Why the Distinction Matters in Your Claim
The distinction between serious injury and minor injury matters in your claim because serious injury claims require more time and detail. It will take more time to identify injuries, the course of healing, and damages fully.
The plaintiff must prove their case. Experts are often needed to address medical issues and financial loss.
What Damages Can You Recover for a Serious Injury in San Bernardino?
Types of lesser-known damages that you may recover in a serious injury claim in San Bernardino, CA are:
- Physical therapy
- Nursing home, rehabilitation care
- Chiropractic care
- Travel for medical appointments
- Over-the-counter medical expenses
- Prescriptions
- Home modifications
- Help at home, domestic and childcare assistance
- Home landscaping and maintenance
- Long-term career damage
- Mental anguish, psychological trauma
- Loss of enjoyment of life, society
- Loss of consortium, loss of companionship
- Scars, disfigurement
More From LA Century Law: Damages in a California Personal Injury Case.
Future damages are especially likely in serious injury claims.
Future damages in serious injury claims.
When you have a serious injury, your injuries may not fully heal by the time you complete your personal injury claim. It wouldn’t be fair to leave future injuries uncompensated. You may claim future damages, even though they haven’t occurred yet.
CA Civ Code § 3283 provides that damages may be awarded for losses likely to occur after the commencement of a legal action and for damages that are certain to result in the future.
How a San Bernardino Personal Injury Attorney Can Strengthen Your Claim
A San Bernardino personal injury attorney can strengthen your claim in the areas of:
- Damages. Identifying your damages, including lesser-known categories that may arise in serious injury claims.
- Settlement. Settling your case at the right time, when damages have been fully explored.
- Evidence. Gathering evidence, including expert witnesses to explain complex issues.
- Procedure. Following the procedural steps to advance the claim.
- Negotiations. Negotiating with the insurance company and moving the case forward if there’s no progress with the insurance company.
- Strategy. Fighting back against accusations of pre-existing conditions, non-compliance with medical care, and other defense tactics.
- Trial. Presenting your case at trial, if you choose.
The lawyers at LA Century Law represent clients in San Bernardino. We can assist you in handling your claim, personalizing your case plan, and fighting for your compensation. With a 99% success rate, we’re proud to help clients in San Bernardino and the surrounding areas.
We handle cases in the San Bernardino County Superior Court and in other courts throughout California.
Contact an Experienced San Bernardino Personal Injury Lawyer
If you or a loved one has suffered a serious injury, we invite you to contact an experienced San Bernardino personal injury lawyer at LA Century Law. We’re taking new cases now.
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