Getting Your Numbers Right

The calculator starts by adding up your economic damages. That's the concrete, documentable stuff: medical bills you've already paid, future treatment costs your doctors have outlined, wages you've lost while recovering, and any reduction in your future earning capacity.

Most people undercount here. Most people undercount here. They remember the big expenses – the ER visit, the surgery – but forget the smaller recurring ones: follow-up appointments, prescription costs, and physical therapy copays. If you hired someone to mow your lawn because you physically couldn't do it, that counts. If you had to pay for childcare during recovery appointments, that counts too.

One practical tip: start a folder (physical or digital) the day after your accident. Save every receipt, every bill, every explanation of benefits from your insurance. Document the good days and the bad ones. Took an Uber to your orthopedist because you couldn’t drive? Save the receipt. Missed your kid's soccer game because of a PT appointment? Write it down with the date. These details matter when it's time to show how the accident has impacted your quality of life.

How Pain and Suffering Damages Are Calculated

Once you've entered your economic damages, the calculator multiplies that total by a number between 1.5 and 5.0 to estimate your non-economic damages. That's the stuff that doesn't come with a receipt – the pain and suffering, emotional distress, and loss of enjoyment that are just as real as your medical bills.

The multiplier you choose depends on the severity. A soft tissue injury with full recovery in a few weeks typically falls around 1.5x. A herniated disc requiring surgery that keeps you out of work for six months is closer to 3x. Catastrophic injuries (paralysis, amputation, severe brain damage) push toward 5x because the impact on your life is permanent.

If you check the "permanent effects" box and your multiplier is below 4.0, the calculator automatically bumps it up to 4.0. That reflects the reality that permanent injuries carry fundamentally different weight in settlement negotiations.

What Happens If You Were Partially at Fault

California follows pure comparative negligence, which means your settlement gets reduced by your share of fault but never eliminated entirely. For example, if your total damages amount to $200,000 and you were 25% at fault, your estimated recovery drops to $150,000.

The calculator lets you adjust this with a slider – be realistic about your number. If you were texting when the other driver ran a red light, you likely share some fault. Plugging in an honest estimate is more useful than assuming you were entirely blameless.

What This Estimate Actually Means

The number at the bottom of the calculator is a starting point, not a guarantee. Real settlements depend on things like the strength of your evidence, how clearly liability can be established, and the defendant's insurance policy limits – among dozens of other factors specific to your situation. 

If you've entered a known policy limit, the calculator caps your estimate at that limit. Collecting beyond policy limits is rare in practice, even when the math supports a higher number.

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