Calculators

Personal Injury Settlement Calculator

A rough claim value by the multiplier method, after your share of fault, legal fees and costs.

How it works

Economic damages are the provable costs: medical bills, lost income, and property damage. Pain and suffering has no receipt, so insurers and lawyers often estimate it as a multiple of medical costs, from about 1.5 for a soft-tissue injury that heals fully to 5 for permanent harm. If you were partly at fault, most states reduce the award by your percentage. Some bar recovery entirely above 50% or 51%, and a few bar it at any fault at all. A contingency fee then comes out, along with case costs and any medical liens.

claim = medical + wages + property + medical × multiplier to you = claim × (1 − fault %) × (1 − fee %) − costs
economic damages
Medical costs, lost wages and property damage
multiplier
1.5 to 5, rising with severity and permanence
comparative fault
Your award is reduced by your share of blame
contingency fee
The lawyer's percentage, usually 33%, often 40% if the case goes to trial

Worked example

A car accident with $18,000 of medical bills, $5,000 of expected treatment, $7,500 of lost wages and $4,000 of vehicle damage. No fault, a 2.5 multiplier, a 33% fee and $2,000 of costs.

  1. 1Medical: 18,000 + 5,000 = $23,000. Economic total: $34,500
  2. 2Pain and suffering: 23,000 × 2.5 = $57,500
  3. 3Claim value: 34,500 + 57,500 = $92,000
  4. 4Fee: 92,000 × 0.33 = $30,360. Less $2,000 costs

A $92,000 claim that leaves about $59,640 to you, if the insurance limits are high enough to pay it.

Frequently asked questions

How is pain and suffering calculated?

There is no fixed formula in law. The multiplier method, a multiple of medical costs, is a common starting point in negotiations. The per diem method assigns a daily rate, often a day's wages, for each day of recovery. Insurers mostly use claims software that weighs diagnosis codes, treatment length and documented impact. Juries are not bound by any of these.

What multiplier should I use?

Around 1.5 to 2 for sprains and soft-tissue injuries that resolve within a few months. Around 2 to 3 for fractures or injuries needing extended therapy. Around 3 to 5 for surgery, permanent impairment, scarring, or injuries that change daily life. Clear liability, thorough medical records, and a sympathetic set of facts push toward the higher end.

What happens if I was partly at fault?

It depends on your state. Under pure comparative negligence, such as in California and New York, your award is cut by your percentage but never barred. Under modified comparative negligence, you recover nothing at 50% or 51% fault, depending on the state. A handful of jurisdictions, including Virginia, Maryland, North Carolina, Alabama and DC, still bar recovery if you were even 1% at fault.

Why might a settlement be less than this estimate?

Policy limits are the most common reason: if the at-fault driver carries $25,000 of coverage, that is usually the practical ceiling unless you have underinsured motorist coverage or they have assets. Gaps in treatment, pre-existing conditions, disputed liability, and health insurer or Medicare liens that must be repaid from the settlement all reduce the amount that reaches you.

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