US-CaliforniaCan I recover future medical expenses in a personal injury case?
Yes, you can recover future medical expenses in a California personal injury case if they are reasonably certain to be incurred and supported by medical evidence.
What the Law Says
California law permits recovery of future medical expenses as part of compensatory damages in personal injury cases. These damages must be proven with reasonable certainty—not mere speculation—and typically require expert medical testimony.
Future medical expenses are considered 'special damages' under California law, meaning they must be specifically pleaded and proven with evidence.
The plaintiff bears the burden of showing that the future treatment is reasonably necessary, probable, and directly related to the injury caused by the defendant’s negligence or wrongful act.
Courts emphasize that estimates must be grounded in medical opinion—not guesswork—and may include costs for surgeries, therapy, medications, assistive devices, and long-term care.
Statutory TextThe amount of damages for future medical expenses must be established with reasonable certainty.
— CACI No. 3903A — Past and Future Medical Expenses
Statutory TextDamages may be awarded for the reasonable value of medical services reasonably necessary in the future.
— CACI No. 3903A — Past and Future Medical Expenses
What Courts Have Said
California courts consistently hold that future medical expenses are recoverable only when supported by competent medical evidence demonstrating reasonable probability—not possibility—of future need.
Held that future medical expenses require expert testimony establishing necessity and reasonable probability; speculative estimates are inadmissible.
Affirmed that plaintiffs must present specific medical evidence—including diagnosis, prognosis, and treatment plan—to justify future medical cost awards.
What to Do
Obtain detailed medical records and a written prognosis from your treating physician or specialist.
Have your doctor testify—or provide a declaration—about the type, frequency, duration, and estimated cost of future treatment.
Work with your attorney to calculate future costs using current rates and adjust for inflation if appropriate (though California does not require present-value reduction).
Present itemized projections at trial, supported by billing records, expert reports, and life-care plans if long-term care is needed.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.