What if I will need medical care later?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalYou may be able to claim the cost of care you will need later. There must be proof that the injury is likely to cause that need.
In this guide
Here’s an example
A doctor says an injured person will likely need more surgery because of the crash.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
Future care can affect whether a settlement covers the full harm. The proof should explain the likely care and its link to the injury. Guessing at the worst outcome is not the same as medical support.
Legal references: [1] Civil Code § 3333 — Compensation for harm · [2] CACI No. 3903A — Medical expenses (2026 edition)
What can change the answer?
A treatment that is just possible is not the same as one you are likely to need. A final deal can end the claim before you get more care.
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Corenbaum v. Lampkin
California Court of Appeal · 2013
215 Cal.App.4th 1308, slip op., pp. 3–4
The court rejected using full billed amounts from the care at issue as proof of other losses. The bills were subject to insurance discounts.
This does not bar proof of all future care or pain. Those losses need an appropriate factual basis.
Case applicability reviewed as recorded above.
A useful next step
Ask your care team about your outlook. Find out what future care they expect before you settle.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- Civil Code § 3333 — Compensation for harm ↗Statute · Review recorded above
- CACI No. 3903A — Medical expenses (2026 edition) ↗Jury instructions · Review recorded above
- Corenbaum v. Lampkin (2013) 215 Cal.App.4th 1308 ↗Case law · Review recorded above
Updated 2026-11-04. Read our editorial standards.