When it's used
Before seeking a default judgment against a defendant in a personal injury or wrongful death action.
Definition
A Statement of Damages is a mandatory document under California CCP §425.11 that must be personally served on a defendant in personal injury or wrongful death cases before a default or default judgment may be entered, because California law prohibits pleading a specific dollar amount of damages in such complaints. The document itemizes each category of damages claimed—medical expenses, lost wages, general damages for pain and suffering, and punitive damages if sought—and places the defendant on formal notice of the total exposure before the case proceeds to default. The paralegal compiles the damages figures from medical billing records, wage verification documents, and the attorney’s assessment of non-economic damages, then prepares the statement for service and files the proof of service with the court. Failure to serve the Statement of Damages before seeking default is reversible error that can unwind an otherwise valid judgment.