A personal injury settlement is your economic damages plus pain and suffering, then adjusted for fault. Economic damages are your bills and lost income. Pain and suffering is usually estimated by multiplying those by 1.5 to 5, depending on injury severity. So $20,000 in economic damages with a moderate injury (3x) points to about $80,000 total.
Why the range, not one number
No calculator can promise a figure. Real settlements swing with evidence, insurance limits, jurisdiction, and negotiation, so we always show a low-to-high range. Use it as a ballpark, then let an attorney pressure-test it.
How a settlement is calculated
Add up your economic damages, estimate pain and suffering with a multiplier set by severity, then reduce for any share of fault.
Settlement = (economic damages + pain & suffering) x (1 - your fault)
Example: ($20,000 economic + $60,000 pain and suffering) with no fault = $80,000
| Injury severity | Multiplier | Example injuries | Typical recovery |
|---|---|---|---|
| Minor | 1.5x | Whiplash, sprains, bruises | Weeks |
| Moderate | 3x | Simple fractures, concussion, herniation without surgery | A few months |
| Severe | 4x | Surgery, major fractures, lasting impairment | 6 to 12+ months |
| Catastrophic | 5x+ | Brain injury, paralysis, amputation, severe burns | Lifetime |
Worked examples
Each uses the same formula as the calculator above, with no fault deducted.
Whiplash, minor injury
Not at fault$8,000 medical + $2,000 lost wages = $10,000 economic. Minor severity (1.5x) adds $15,000 in pain and suffering. Estimated settlement: $18,750 to $31,250.
Broken wrist with surgery, moderate injury
Not at fault$20,000 medical + $8,000 future care + $12,000 lost wages = $40,000 economic. Moderate (3x) adds $120,000. Estimated settlement: $120,000 to $200,000.
Spinal surgery, severe injury
Not at fault$60,000 medical + $50,000 future care + $30,000 lost wages = $140,000 economic. Severe (4x) adds $560,000. Estimated settlement: $525,000 to $875,000.
What affects your settlement the most
| Raises your settlement | Lowers your settlement |
|---|---|
| A permanent or disabling injury | A quick, full recovery |
| Clear liability | Shared or disputed fault |
| Consistent treatment and strong records | Gaps in treatment, thin records |
| High available insurance limits | Low policy limits |
| A real effect on work and daily life | A relevant pre-existing condition |
How your state changes the number
Your share of fault reduces the settlement, but the rule depends on the state. The calculator applies the right one once you pick your state.
| Rule | What it does | Example states |
|---|---|---|
| Contributory negligence | Any fault of yours can bar recovery entirely | AL, MD, NC, VA, DC |
| Modified comparative | Reduced by your share, barred once you are about half at fault | Most states |
| Pure comparative | Reduced by your share, with no cutoff | CA, NY, FL, WA, and others |
In the twelve no-fault states (FL, HI, KS, MA, MI, MN, NY, ND, UT, plus choice states KY, NJ, PA), a minor injury below the state threshold generally cannot claim pain and suffering, so the calculator drops it. Each state also sets a statute of limitations, ranging from one to six years (most commonly two or three) from the accident, after which a claim is usually lost. Check your state deadline early.
The first offer is a starting point
Insurers routinely open low, applying the smallest defensible multiplier and questioning some of your bills. A documented claim, and knowing your own range, is what moves the number up.