By Attorney Christopher Brainard – California Personal Injury Lawyer
When someone is injured in an accident, not all injuries are treated the same under California law. The term “serious injury” has significant legal implications—affecting everything from your right to sue, to the amount of compensation you may be entitled to.
In this article, we’ll explain what qualifies as a “serious injury” under California law, why it matters, and what to do if you or a loved one has suffered one.
What Does “Serious Injury” Mean in California?
California does not have a single definition of “serious injury” that applies to all legal contexts. However, in personal injury law, a serious injury is generally one that results in:
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Permanent disability
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Long-term loss of bodily function
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Significant disfigurement or scarring
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Substantial medical treatment or hospitalization
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Interference with the ability to work or carry out daily activities
Serious injuries go beyond simple cuts, bruises, or sprains. They often require extensive medical care, rehabilitation, and have lasting consequences on a person’s life.
Common Examples of Serious Injuries
Serious injuries may result from car accidents, motorcycle crashes, defective products, workplace accidents, or dangerous premises. Common examples include:
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Traumatic Brain Injury (TBI)
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Spinal cord injuries and paralysis
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Severe burns
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Amputations
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Multiple fractures or compound fractures
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Organ damage
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Loss of vision or hearing
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Internal bleeding or damage to internal organs
Each of these conditions may qualify as “serious” under California law, depending on the specific facts and how the injury impacts the victim’s life.
Why the Definition of “Serious Injury” Matters
1. It Impacts the Value of Your Case
The more serious the injury, the more compensation you may be entitled to for:
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Medical expenses (past and future)
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Lost income and reduced earning capacity
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Pain and suffering
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Emotional distress
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Loss of enjoyment of life
2. It May Affect Insurance Negotiations
Insurance companies assess the severity of injuries when determining settlement offers. They often attempt to minimize claims unless clearly supported by medical records, treatment history, and legal advocacy.
3. It May Justify a Lawsuit
In some cases—such as those involving uninsured drivers or government entities—a serious injury may be required to bypass certain legal thresholds or immunities.
How Is “Serious” Proven in Court?
To prove that an injury is serious under California law, your attorney may use:
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Medical records and expert testimony
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Imaging (MRI, CT scans, X-rays)
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Testimony from treating physicians
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Vocational rehabilitation evaluations
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Testimony from family, friends, or co-workers regarding changes to your quality of life
A skilled attorney knows how to assemble this evidence to support your claim.
When Should You Speak With a Lawyer?
If you or a loved one has suffered any type of injury that required:
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Hospitalization
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Surgery
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Ongoing physical therapy
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Time off work
...then it’s time to speak with a personal injury attorney.
The earlier you get legal help, the better your chances of protecting your rights, preserving evidence, and pursuing the full compensation you may deserve.
Schedule a Consultation Today
If you believe you’ve suffered a serious injury due to someone else’s negligence, don’t wait. California has strict deadlines for filing injury claims.
📞 Call LawBrainard at (310) 266-4115
🌐 Visit: www.LawBrainard.com
🗓 Schedule a consultation to discuss your rights and options.
Christopher Brainard is a California personal injury attorney serving clients statewide. He provides strategic legal counsel to individuals who’ve suffered serious injuries due to negligence, dangerous conditions, and accidents.
*This article/blog is provided for informational and educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Christopher Brainard, Esq. An attorney-client relationship can only be formed through a written and signed agreement with Christopher Brainard. If you need legal advice about your specific situation contact us for a consultation. [Christopher Brainard, 651 N. Sepulveda Blvd., #2010, Bel Air, CA 90049].