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How is the Value of a Car Crash Claim Estimated When You Need Ongoing Care?

 Posted on August 22, 2025 in Car Accidents

San Jose, CA Car Crash Injury LawyerWhen a car accident leaves you with injuries so severe that multiple surgeries are required, estimating the value of your claim is not easy. Unlike a broken arm that heals with one procedure, serious injuries such as spinal cord damage, compound fractures, or traumatic brain injuries often involve surgeries spread out over months or years. The costs are ongoing, and the long-term impact on your life is hard to measure in advance.

As of August 2025, California law continues to allow personal injury plaintiffs to seek damages for both current and future medical expenses, lost income, and pain and suffering. This is particularly important when injuries demand extensive care. Having a San Jose personal injury attorney on your side who is experienced, fearless, and ready to fight insurance companies will help ensure you get the full compensation you deserve, regardless of how much care you need. 

Ongoing Medical Care Complicates Car Accident Claim Valuation

Insurance companies prefer to close cases quickly and may push for a settlement before the full extent of your medical needs is clear. If you accept an early settlement, you may end up shouldering the cost of future surgeries and rehabilitation yourself.

For example, a victim with shattered bones in both legs might undergo an initial operation to stabilize fractures, followed by additional procedures months later to insert or remove hardware. Complications like infections can require even more surgeries. Rehabilitation, physical therapy, and assistive devices add to the long-term financial burden.

Each surgery not only carries medical costs but also means more time away from work, more pain, and greater disruption to your family’s life. Calculating all of these factors is far more complex than adding up hospital bills. 

How Future Costs Are Estimated for Car Accident Claims 

When ongoing care is needed, lawyers often work with medical experts to project the costs of future treatment. This includes:

  • The expected number of additional surgeries

  • Hospital stays, anesthesia, and follow-up care

  • Physical therapy and rehabilitation

  • Assistive technology such as wheelchairs or braces

  • The likelihood of complications requiring unexpected treatment

In severe cases, life care planners are brought in to prepare detailed reports estimating lifetime medical expenses. These reports carry significant weight in negotiations and trials.

Another element that often needs to be considered in these cases is lost earning capacity. A construction worker in San Jose who undergoes three back surgeries may not be able to return to the same physically demanding job. Even if he can work again, it might only be in a lower-paying role. That lost future income must be accounted for in the claim’s value.

Estimating Pain, Suffering, and Quality of Life in Car Accident Claims

California law also allows recovery for non-economic damages such as pain, suffering, and diminished quality of life. Multiple surgeries mean repeated trauma, more time under anesthesia, and often permanent limitations. The mental toll of living with ongoing procedures is immense, and juries recognize this when determining compensation. Your attorney should recognize this as well, and negotiate accordingly. 

Whatever your situation may be, however, it is important to note that you only have two years to file an injury lawsuit. Even if you think you could benefit from waiting to see exactly how much your medical care costs, talk to a lawyer as soon as possible. Taking action while evidence is still fresh makes it easier to put together a strong case on your behalf. 

Contact a San Jose, CA Car Accident Lawyer

If you have been seriously injured in a car crash and face ongoing surgeries or rehabilitation, do not settle before you know the true value of your claim. A knowledgeable South Bay Area personal injury attorney with 45 years of experience can help you pursue fair compensation. Call Law Office of John J. Garvey, III at 408-293-7777 today to schedule a free consultation.

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