No one can honestly put a number on your case at the start. What a personal injury claim is worth depends on its facts: how badly you were hurt, what the injury has cost you and will cost you, how clear it is who was at fault, and what insurance is available. California law sorts losses into economic and non-economic damages, and for non-economic losses there's no fixed formula. This guide explains the factors in plain English, without numbers or promises.
What kinds of losses can an injury claim include?
Two kinds. Economic losses are the bills and lost income you can document, like medical expenses, lost earnings, repair or replacement of property, and the cost of help at home. Non-economic losses are harder to measure, like pain, suffering, inconvenience, emotional distress and loss of enjoyment of life (Civil Code §1431.2 (opens in a new tab); CACI No. 3905A (opens in a new tab)).
Economic losses
- Medical care already received
- Medical care you're reasonably certain to need in the future
- Earnings you've lost so far
- Earnings you're reasonably certain to lose in the future
- Repair or replacement of property
- Help at home with things you can't do
Non-economic losses
- Physical pain
- Mental suffering and emotional distress
- Inconvenience
- Loss of enjoyment of life
- Physical impairment or disfigurement
Future losses count only if they're reasonably certain, which generally has to be shown with evidence (CACI No. 3903A (opens in a new tab); CACI No. 3903C (opens in a new tab); CACI No. 3903D (opens in a new tab)).
How is pain and suffering valued?
There's no formula. California's jury instruction on non-economic damages tells jurors that no fixed standard exists for these losses, and that they must use their judgment to decide a reasonable amount based on the evidence and common sense (CACI No. 3905A (opens in a new tab)). That's why the evidence of how the injury has affected your daily life, from your own account to your family's and your doctors', matters so much.
What factors affect what a claim is worth?
The facts of your case, more than anything: how badly you were hurt, what the injury has cost you, how clear it is who was at fault, and what insurance is available. There's no formula that turns these into a number, and each case is different. These are some of the factors that shape a claim:
How serious the injury is
Including how long recovery takes and whether any effects are permanent.
Medical care, past and future
What care you've needed and what care you're reasonably certain to need.
Source: CACI No. 3903A (Judicial Council of California) (opens in a new tab)
Lost earnings and earning ability
Work you've missed, and whether the injury will reduce what you can earn later.
Sources: CACI No. 3903C (Judicial Council of California) (opens in a new tab); CACI No. 3903D (Judicial Council of California) (opens in a new tab)
Who was at fault
If you were partly at fault, your damages are reduced by your share.
Sources: CACI No. 405 (Judicial Council of California) (opens in a new tab); Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
Whether you were insured
In vehicle cases, an uninsured owner or driver is generally barred from recovering non-economic losses.
Steps you took to avoid more harm
You generally can't recover for harm you could have avoided with reasonable efforts.
Source: CACI No. 3930 (Judicial Council of California) (opens in a new tab)
The evidence
Photos, records, witness statements and reports that show what happened and how it affected you.
The insurance available
The coverage the responsible party has, and your own coverage, can affect how a claim is resolved.
Does being partly at fault lower what a claim is worth?
It can, but it doesn't end the claim. California follows pure comparative fault: if you were partly at fault, your damages are reduced by your percentage of responsibility. For example, if you were found 20% at fault, your damages would be reduced by 20% (CACI No. 405 (opens in a new tab); Li v. Yellow Cab Co.). Insurance companies may argue you share the blame, which is one reason early evidence matters.
Should I accept an early settlement offer?
Not before you understand the full effect of your injury. Accepting a settlement usually means signing a release that ends your claim for good, even if you later learn you need more treatment or can't return to work. Future medical care and lost earning ability can be part of a claim, so it's worth getting advice before you sign anything (CACI No. 3903A (opens in a new tab); CACI No. 3903D (opens in a new tab)).
Can a lawyer tell me what my case is worth?
Not with a promise, and you should be wary of anyone who gives one at the start. What a lawyer can do is look at your facts, explain which of these factors matter most in your case, and help you gather the evidence that supports your claim. A free case review is a good place to start, with no obligation.