Can a claim include medical costs?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalA claim may cover care needed because of the injury. The care must be reasonable and needed. The amount you can claim may differ from the price on the bill.
In this guide
Here’s an example
A person keeps bills for a hospital visit and care after a crash.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
Keep the bill, the record of care, and the payment record together. They show different facts. The claim must address both the need for the care and the amount that can be recovered.
Legal references: [1] Civil Code § 3333 — Compensation for harm · [2] CACI No. 3903A — Medical expenses (2026 edition)
What can change the answer?
The amount paid or still owed can matter. So can the link between the care and the crash. Not all care is part of the claim.
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Howell v. Hamilton Meats & Provisions, Inc.
Supreme Court of California · 2011
52 Cal.4th 541, slip op., pp. 1–2
For the insured care at issue, a bill’s unpaid negotiated writeoff was not a loss the patient could recover.
This does not decide every bill or lien. Future care and other kinds of loss need separate proof.
Case applicability reviewed as recorded above.
A useful next step
Save each bill and the records of what was paid. Keep records of the care too.
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
- Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 ↗Case law · Review recorded above
Updated 2026-11-04. Read our editorial standards.