💲 Personal Injury Settlement Calculator
This interactive calculator estimates your California personal injury settlement range based on your specific damages, injury type, and case factors. Enter your information below to see low, medium, and high estimates.
📈 Calculate Your Settlement Range
Complete all fields for the most accurate estimate
Estimated Settlement Range
⏰ California Statute of Limitations
California law imposes strict time limits for filing personal injury claims. Missing these deadlines can permanently bar your claim.
2 Years - Personal Injury
You must file a lawsuit within 2 years from the date of injury for most personal injury claims (CCP 335.1).
3 Years - Property Damage
Claims for property damage only (vehicle repair, etc.) have a 3-year deadline (CCP 338).
6 Months - Government Claims
Claims against government entities require a 6-month administrative claim first (Gov. Code 911.2).
Do Not Wait!
Even if you have time remaining on the statute of limitations, evidence can disappear, witnesses can forget details, and insurance companies may be less willing to negotiate as time passes. Start your claim process as soon as possible after an accident.
⚖ California Pure Comparative Negligence
California follows a "pure comparative negligence" system, which is one of the most plaintiff-friendly fault rules in the country.
How It Works
Under California Civil Code Section 1714 and the landmark case Li v. Yellow Cab Co. (1975), your damages are reduced by your percentage of fault, but you can still recover even if you are primarily at fault.
Example: 20% At Fault
If your damages are $100,000 and you're 20% at fault, you can recover $80,000 (100% - 20% = 80%).
Example: 50% At Fault
If your damages are $100,000 and you're 50% at fault, you can still recover $50,000.
Example: 80% At Fault
Even if you're 80% at fault, you can still recover $20,000 of $100,000 in damages.
Better Than Many States
Many states follow "modified comparative negligence" rules that completely bar recovery if you're 50% or more at fault. California's pure system means you can always recover something, making it important to pursue claims even when some fault may be attributed to you.
💪 What Makes a Strong Claim
Insurance adjusters and juries evaluate personal injury claims based on several key factors. Understanding what strengthens a claim helps you maximize your recovery.
Key Strength Factors
Clear Liability
Police reports, witness statements, and traffic camera footage showing the other party was clearly at fault.
Immediate Medical Treatment
Seeking medical care within 24-72 hours of the accident creates a clear link between the accident and your injuries.
Consistent Treatment
Following doctor's orders and attending all appointments shows your injuries are real and you're taking them seriously.
Thorough Documentation
Photos, videos, receipts, medical records, and a daily pain journal provide concrete evidence of your damages.
Factors That Weaken Claims
Treatment Gaps
Long gaps between medical appointments suggest your injuries aren't serious or have healed.
Pre-existing Conditions
Prior injuries to the same body part can complicate proving the accident caused your current symptoms.
Social Media Activity
Posts showing physical activity inconsistent with claimed injuries can devastate your case.
Prior Claims History
Multiple prior injury claims may raise red flags with insurance adjusters.
📷 Evidence Preservation Checklist
Preserving evidence immediately after an accident is crucial. Evidence can disappear quickly - traffic camera footage is often overwritten within days, witnesses forget details, and physical evidence fades.
📸 At the Scene
- ✓ Photos of all vehicles from multiple angles
- ✓ Photos of the accident scene and road conditions
- ✓ Photos of any visible injuries
- ✓ Exchange info with all parties involved
- ✓ Get witness names and contact information
- ✓ Note nearby businesses with cameras
🏥 Medical Documentation
- ✓ Seek medical treatment within 24-72 hours
- ✓ Report ALL symptoms to your doctor
- ✓ Keep all medical records and bills
- ✓ Follow all treatment recommendations
- ✓ Keep a daily pain and symptom journal
📄 Documentation
- ✓ Obtain police report
- ✓ Request traffic camera footage (act fast!)
- ✓ Document lost work time and wages
- ✓ Save all receipts for expenses
- ✓ Keep vehicle repair estimates
⚠ What NOT to Do
- ✓ Do NOT give recorded statements to insurer
- ✓ Do NOT post about accident on social media
- ✓ Do NOT sign any releases without legal review
- ✓ Do NOT accept first settlement offer
- ✓ Do NOT exaggerate your injuries
📝 Sample Demand Letter to Insurance
A well-crafted demand letter is often the first step toward a fair settlement. Below are customizable paragraphs you can adapt for your situation.
Claimant: [YOUR NAME]
Date of Loss: [ACCIDENT DATE]
Claim Number: [CLAIM NUMBER]
Your Insured: [AT-FAULT DRIVER NAME]
Policy Number: [POLICY NUMBER]
Dear Claims Adjuster:
This letter constitutes a formal demand for settlement of my personal injury claim arising from the automobile collision that occurred on [DATE] at [LOCATION]. Your insured, [AT-FAULT DRIVER], negligently caused this collision by [DESCRIBE NEGLIGENT CONDUCT - e.g., "failing to stop at a red light," "rear-ending my vehicle while I was lawfully stopped"].
Your insured is solely liable for this collision. The police report (Case No. [REPORT NUMBER]) documents that your insured [DESCRIBE VIOLATION - e.g., "was cited for California Vehicle Code Section 22350 (unsafe speed)"]. [NUMBER] independent witnesses observed the collision and confirmed that your insured [DESCRIBE WHAT WITNESSES SAW].
Under California law, a driver has a duty to exercise ordinary care to avoid injuring others. Your insured breached this duty by [DESCRIBE BREACH], directly and proximately causing my injuries and damages.
As a direct result of this collision, I sustained the following injuries:
- [LIST INJURIES - e.g., "Cervical strain/sprain (whiplash)"]
- [INJURY 2]
- [INJURY 3]
I was transported to [HOSPITAL NAME] immediately following the collision, where I was diagnosed with the above injuries. Since the accident, I have undergone the following treatment:
- [NUMBER] visits to [PROVIDER NAME] for [TREATMENT TYPE]
- [NUMBER] physical therapy sessions
- [MRI/X-RAY/OTHER IMAGING] of [BODY PART]
My treating physician has indicated that [PROGNOSIS - e.g., "I have reached maximum medical improvement" or "I will require ongoing treatment for approximately X months"].
Economic Damages:
Medical expenses to date: $[AMOUNT]
Estimated future medical expenses: $[AMOUNT]
Lost wages: $[AMOUNT]
Future lost earnings: $[AMOUNT]
Total Economic Damages: $[TOTAL]
Non-Economic Damages:
Given the nature and severity of my injuries, the duration of my treatment, the impact on my daily life and activities, and the ongoing pain and suffering I have experienced, I am entitled to substantial non-economic damages. Using the multiplier method commonly applied in California personal injury cases, my pain and suffering damages are calculated at [X] times my economic damages, totaling $[AMOUNT].
TOTAL DAMAGES: $[TOTAL DEMAND]
Based on the foregoing, I hereby demand the sum of $[DEMAND AMOUNT] to fully and finally settle this claim.
This demand will remain open for thirty (30) days from the date of this letter. If I do not receive a reasonable settlement offer by [DEADLINE DATE], I will have no choice but to pursue this matter through litigation, at which point I will seek recovery of all damages available under California law, including attorney's fees and costs.
Please direct all settlement communications to the undersigned at the address above.
Sincerely,
[YOUR NAME]
[YOUR ADDRESS]
[YOUR PHONE]
[YOUR EMAIL]
Important Notes
- Send your demand letter via certified mail with return receipt requested
- Keep a copy of everything you send
- Do not accept any settlement without understanding what rights you're waiving
- Consider consulting with an attorney before sending, especially for serious injuries
📈 Pain & Suffering Multiplier Guide
Insurance companies and attorneys typically use a "multiplier" method to calculate non-economic damages. The multiplier is applied to your economic damages (medical bills + lost wages) to estimate pain and suffering compensation.
| Injury Type | Multiplier Range | Description |
|---|---|---|
| Soft Tissue (whiplash, sprains, strains) |
1.5x - 3x | Minor injuries with full recovery expected within weeks to months. Limited treatment needed. |
| Broken Bones (fractures) |
2x - 4x | Moderate injuries requiring casting, possible surgery. Recovery typically 2-6 months. |
| Herniated Disc (bulging disc, spinal injuries) |
3x - 5x | Significant spinal injuries often requiring surgery. May result in permanent limitations. |
| TBI / Head Injury (concussion, brain injury) |
4x - 7x | Traumatic brain injuries with potential cognitive impacts. Long-term effects common. |
| Spinal Cord Injury | 5x - 10x | Severe injuries potentially causing paralysis. Life-altering impacts and long-term care. |
| Permanent Disability (disfigurement, amputation) |
5x - 10x+ | Catastrophic injuries with permanent impact on quality of life. Maximum multipliers apply. |
Factors That Affect Your Multiplier
Increases Multiplier
Clear liability, objective medical evidence (MRI, X-ray), surgery required, long recovery, visible injuries, impact on daily life, young victim age
Decreases Multiplier
Shared fault, treatment gaps, pre-existing conditions, minor vehicle damage, short treatment duration, quick recovery
🚀 Next Steps
After calculating your estimated settlement range, here's what to do next.
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Continue Medical Treatment
Don't stop treatment prematurely. Follow your doctor's recommendations and attend all appointments.
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Gather Documentation
Compile all medical records, bills, receipts, photos, and other evidence of your damages.
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Calculate Your Damages
Create a detailed spreadsheet of all economic losses with supporting documentation.
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Draft Your Demand Letter
Use the sample language above to create a professional demand letter customized to your case.
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Submit and Negotiate
Send your demand via certified mail and be prepared to negotiate. Initial offers are almost always low.
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Consider Legal Help
For serious injuries or complex liability issues, an attorney can significantly increase your recovery.
Need Professional Help?
I offer flat-fee demand letter drafting for $450 and consultations at $240/hr. Get a professional demand letter tailored to your specific situation.
Book ConsultationCalifornia Resources
- California DMV: dmv.ca.gov - Vehicle records and accident reports
- California Courts: courts.ca.gov - Small claims and civil court information
- State Bar Lawyer Referral: calbar.ca.gov - Find a licensed California attorney
- Contact: owner@terms.law