The method
The basic formula
Most personal injury claims are valued by adding up two categories of harm, then adjusting for two real-world limits. You take economic damages plus general damages, multiply by your share of fault (which reduces the total), and recognize that the result is capped by available insurance. Working through those four building blocks one at a time gives you a grounded range instead of a guess.
- Economic damages plus general damages form the starting total.
- Your share of fault reduces the total under pure comparative negligence.
- Available insurance is the practical ceiling on what you can collect.
- Adjusters and attorneys both work from these same building blocks.
Hard losses
Economic damages: your hard, provable losses
Economic damages are the costs you can document with bills, receipts, and pay records. In California these are listed in standard jury instruction CACI 3903 and typically include past medical bills, future medical care a doctor says you're reasonably certain to need, lost wages, lost earning capacity if the injury is lasting, and out-of-pocket costs. These are the spine of your claim because they're the easiest to prove, and good documentation here tends to raise the whole valuation.
- Past medical bills: ER, imaging, surgery, physical therapy, prescriptions.
- Future medical care a doctor says you're reasonably certain to need.
- Lost wages: income you missed while recovering.
- Lost earning capacity: reduced ability to work in the future.
- Out-of-pocket costs: mileage, medical devices, hired help around the house.
Pain and suffering
General damages and the multiplier
General damages (also called non-economic damages) cover harms that don't come with a receipt: physical pain, mental suffering, loss of enjoyment of life, disfigurement, and inconvenience. California's jury instruction CACI 3905A explicitly tells jurors that no fixed standard exists for putting a dollar figure on pain and suffering. Because there's no formula in the law itself, insurers and attorneys often estimate general damages using a multiplier: they take your economic damages (or just your medical bills) and multiply by a number, commonly somewhere between about 1.5 and 5, based on how serious and lasting the injury is. A minor sprain that fully heals sits near the low end; a permanent, surgical, life-altering injury sits near the high end. The multiplier is a negotiating convention, not a legal rule. Note that this multiplier method should not be over-applied to medical malpractice claims, where California's non-economic damages cap (Civil Code 3333.2) may limit pain-and-suffering recovery; confirm with an attorney.
- Covers pain, mental suffering, loss of enjoyment, disfigurement, and inconvenience.
- California law sets no fixed standard for valuing pain and suffering.
- A common multiplier of about 1.5 to 5 reflects injury severity and permanence.
- The multiplier is a negotiating shorthand, not a legal rule.
- Medical malpractice claims may face a separate non-economic damages cap; confirm with an attorney.
Shared fault
Comparative fault reduces the total
California is a pure comparative negligence state. Under the rule from Li v. Yellow Cab Co. (1975) and jury instruction CACI 405, if you were partly responsible for the accident, your recovery is reduced by your percentage of fault, but it is never eliminated, even if you were mostly at fault. If your case is worth $100,000 and you're found 30% at fault, you recover $70,000. You can estimate whether fault might be an issue in your situation with the Do I Have a Case? quiz.
- California follows pure comparative negligence from Li v. Yellow Cab Co.
- Recovery drops by your percentage of fault but is never barred entirely.
- Example: a $100,000 case at 30% fault yields a $70,000 recovery.
What you can collect
Available insurance: the practical ceiling
A claim is often only worth what can actually be collected, and in most cases that means the at-fault party's insurance policy. Since January 1, 2025, California's minimum auto liability limits under SB 1107 are $30,000 per person / $60,000 per accident for bodily injury and $15,000 for property damage. Many drivers carry only these minimums. If your damages exceed the available coverage, the difference may be hard to recover unless there are other sources, such as your own underinsured motorist coverage, or a defendant with significant assets. This is why what's it worth and what can I collect are different questions.
- The at-fault party's policy is usually the practical ceiling on recovery.
- SB 1107 minimums (effective Jan 1, 2025) are 30/60/15.
- Underinsured motorist coverage or a defendant's assets may add sources.
- What a case is worth and what you can collect are different questions.
Worked example
A worked example matching the calculator
Our Settlement Calculator uses a transparent version of the multiplier method: estimate equals medical bills plus lost wages plus (medical bills times multiplier). Here, medical bills plus lost wages are your economic damages, and medical bills times multiplier stands in for general damages. Consider Maria, who is rear-ended and diagnosed with moderate whiplash: $15,000 in medical bills, $8,000 in lost wages, and a 2.5 multiplier for a moderate, several-month recovery. That gives general damages of $37,500 and a gross estimate of $60,500. Now apply the real-world adjustments: if Maria were 10% at fault, her recovery would drop to about $54,450, and if the at-fault driver carried only the $30,000-per-person minimum, the collectible amount could be limited to that policy unless other coverage applies. The figures are hypothetical; you can run this exact calculation for your own injury using the Settlement Calculator.
- Formula: medical bills + lost wages + (medical bills × multiplier).
- Maria's example: $15,000 bills, $8,000 lost wages, 2.5 multiplier.
- Gross estimate: $60,500; about $54,450 after 10% comparative fault.
- An insurance cap could limit the collectible amount to policy limits.
Value drivers
What raises or lowers your case value
Beyond the raw numbers, several factors push estimates up or down. Severity and permanence matter most, with lasting injuries, surgery, and permanent impairment carrying higher multipliers. Clear liability strengthens the claim, while gaps in treatment give insurers room to argue you weren't badly hurt. Strong documentation and real, documented limitations on your daily life and work all help, and pre-existing conditions can complicate a claim without automatically defeating it.
- Severity and permanence: lasting and surgical injuries carry higher multipliers.
- Clear liability strengthens the claim.
- Consistent treatment; gaps in care weaken it.
- Documentation: photos, records, and witness statements help.
- Pre-existing conditions complicate but don't automatically defeat a claim.
Deadline
Don't forget the deadline
A case is only worth something if you bring it in time. In California, the general deadline (statute of limitations) for most personal injury claims is two years from the date of injury under Code of Civil Procedure 335.1. Important exceptions apply: claims against government entities have much shorter notice deadlines (often six months), and medical malpractice and minors follow different rules. Don't guess. Check your specific deadline with the California Statute of Limitations calculator.
- General personal injury deadline is two years from the date of injury (CCP 335.1).
- Government-entity claims often have a roughly six-month notice deadline.
- Medical malpractice and claims involving minors follow different rules.
- Confirm your specific deadline rather than guessing.