California Personal Injury Settlement Amounts Examples (2023) (2024)

Your health and safety have incredible value. This is why so many people go to great lengths to protect themselves and their families from injury, illness, and distress. Unfortunately, your own safety and security are not always under your control. Other people’s decisions can easily have an impact on your health.

The law recognizes that this is an unfair fact of life and allows victims to use personal injury law to their advantage. These civil cases give victims the opportunity to get financial support for the pain and suffering that they have endured at the hands of another person.

The settlements for personal injury cases vary significantly. The more serious your injury is, the more you can expect to receive in a settlement. However, it is important to understand some standards and settlement amounts that you can expect to receive if you move forward with a personal injury claim.

Settlement Calculations

Each settlement will vary depending on the incident’s unique circ*mstances and severity. Personal injury settlements usually account for:

  • Medical bills associated with the accident and injury
  • Compensation for time spent out of work to heal
  • Vocational retraining, if the victim cannot return to their previous job
  • Pain and suffering, in severe circ*mstances

Your attorney can help you calculate a settlement amount based on your unique situation and the aftermath of your injury.

Car Accidents

Car accidents are the most common type of personal injury claim because it is easy to get into a collision, and they are often the fault of one individual’s negligence. The injuries that occur in car accidents vary widely, as a small fender bender will cause less damage than a multiple-car pileup. The amount you can expect to receive will depend upon the severity of the accident and the circ*mstances that caused the collision.

The average settlement for car accident claims is approximately $21,000. However, it is entirely possible to receive more or less than this amount if your situation warrants it.

Slip and Fall Injuries

Slip and fall injuries are a type of premises liability in which a building owner or manager failed to keep the floors clean and dry and did not alert customers of the hazard. If you slip and fall because of this, you have the right to create a personal injury claim against the business. The average settlement for a slip and fall case is between $15,000 and $50,000. Although this is a wide range, it reflects the different injuries that can occur in a slip and fall case.

Wrongful Death

Unfortunately, some victims of personal injury events do not survive their injuries. In these cases, the family of the deceased is permitted to file a wrongful death claim. These cases can earn upwards of $1 million, depending on the circ*mstances of the death.

Personal Injury Claim Outcomes

Your personal injury case’s success depends upon the experience of your personal injury attorney, the evidence available in your case, and your ability to show that negligence caused your accident. According to a Forbes report, only about 5% of personal injury cases make it to trial. The other 95% can be settled outside of court. Auto accident cases have the highest likelihood of success for their plaintiffs, with a 61% success rate. Plaintiffs only win about 19% of medical malpractice cases. The average success rate for plaintiffs across all personal injury claims is approximately 50%.

FAQs

Q: What Is the Average Personal Injury Settlement in California?

A: Approximately $21,000. The average range is between $14,321 and $28,215. Your unique circ*mstances will determine how much you can expect to earn from a personal injury case. If your injuries were serious, or if the person responsible acted with particular negligence, you are more likely to be awarded a high settlement. If your injuries were minor, or if fault cannot be determined, you will receive a smaller settlement, if you get one at all.

Q: How Much Can I Get for Pain and Suffering in California?

A: In California, there is no upper limit to how much pain and suffering compensation you can receive unless you are fighting a medical malpractice case. In these cases, pain and suffering compensation is capped at $250,000. It is important to note that it is rare to receive pain and suffering compensation unless the individual responsible for your injuries acted particularly negligently or maliciously, or the situation was very gruesome. Otherwise, the court does not award pain and suffering compensation.

Q: How Do You Calculate a Settlement Amount?

A: Your settlement amount will consist of:

  • The cost of your medical bills associated with your injury
  • The cost of ongoing medical care, if necessary
  • Compensation for any time you had to spend away from work to heal, go to doctor’s appointments, etc.
  • Compensation for pain and suffering if the situation was particularly gruesome or if the responsible party acted particularly negligently or maliciously.

Your attorney can give you a more accurate estimate of how much to expect.

Q: How Long Do I Have to File a Personal Injury Claim in California?

A: You have two years from the date of the injury to file a personal injury claim in California. However, it is best to file your claim immediately, despite the statute of limitations. The sooner you file your claim, the more evidence you will have. If you wait, key evidence may be lost. Additionally, if you wait, the defense will claim that you sustained your injuries elsewhere and that they cannot be held responsible.

Contact Shaffer Law

When you look for personal injury attorneys in the Los Angeles area, it is important that you find a law firm with experience and confidence in your case. Our team has been fighting personal injury claims on behalf of our clients for many years. During this time, we have achieved a strong history of success and have countless client testimonials to prove our customer satisfaction. When you work with us, you can feel confident about your personal injury claim.

For more information about our firm, contact Shaffer Law .

California Personal Injury Settlement Amounts Examples (2023) (2024)

FAQs

What is the average settlement for personal injury in California? ›

When accounting for all different types and causes of personal injury claims in California, the average settlement amount is anywhere between $21,000 – $26,000.

What is a good settlement figure? ›

It comes down to math. Very roughly, if you think that you have a 50% chance of winning at trial, and that a jury is likely to award you something in the vicinity of $100,000, you might want to try to settle the case for about $50,000.

What is the formula for personal injury settlements? ›

The Damages Formula

The adjuster will multiply the medical special damages number by one and a half to three times if the injury is minor and up to five or more times if the injury is especially deliberating and long-term. After this number is calculated, any income lost as a result of the injury will be added.

How much is pain and suffering worth in California? ›

What is the average pain and suffering settlement in California?
Severity LevelAverage California Pain and Suffering Settlement
LowApproximately: $5,000 – $25,000
ModerateApproximately: $25,000 – $100,000
HighApproximately: $100,000 – $500,000+
Dec 12, 2023

How much money should I ask for in a settlement? ›

There's no precise formula, but it's generally recommended that personal injury plaintiffs ask for about 75% to 100% more than what they hope to receive. In other words, if you think your lawsuit might be worth $10,000, ask for $17,500 to $20,000.

At what point do most cases settle? ›

On average only 5% of our cases go to trial and that is because most cases do settle at some point before trial. Cases may settle very early in the case, at a settlement conference, at mediation, at the eve of trial, or even in the middle of trial. Deciding whether to settle is a calculated risk.

How much are most personal injury settlements? ›

Q: What Is the Average Personal Injury Settlement in California? A: Approximately $21,000. The average range is between $14,321 and $28,215. Your unique circ*mstances will determine how much you can expect to earn from a personal injury case.

What is the least acceptable settlement? ›

The bottom end of the Settlement Range is called the Least Acceptable Settlement (LAS). This is the minimum point at which, when making a deal, you still think that the negotiation has been to your advantage. The top end of the Settlement Range is called the Maximum Supportable Position (MSP).

What is a reasonable full and final settlement offer? ›

What is a reasonable Full & Final Settlement Offer? There is no set figure that constitutes a reasonable offer because it entirely depends on your financial situation, and the creditor. Very low offers may be rejected but if you can offer a significant portion of the money you owe, it is more likely to be considered.

How much injury compensation will I get? ›

The amount of compensation that can be claimed for general damages depends on the type of injury and suffering experienced, and the severity of it, as well as how long quality of life is affected. Therefore, there isn't a 'one sum suits all' approach to general damages; every single claim is different.

What is a low value personal injury claim? ›

(2) the claim includes damages in respect of personal injury; (3) the claimant values the claim at not more than £25,000 on a full liability basis including pecuniary losses but excluding interest ('the upper limit'); and.

How to calculate damages for personal injury? ›

The amount of compensation in a personal injury claim is determined by considering several factors including the severity of the injury, the impact on your life and work, medical expenses incurred, future care needs, and loss of earnings.

How much is emotional damage worth? ›

Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what's called a “multiplier method.” It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 ...

How much can I sue for emotional distress in California? ›

Under California law, a plaintiff cannot receive more than $250,000 in non-economic damages, no matter how injured they were. If you have a medical malpractice case, a lawyer can help determine how much you deserve.

Does California have a cap on pain and suffering? ›

In California, there is no specific cap or limitation on the amount of compensation that can be awarded for pain and suffering damages in most personal injury cases. Unlike some other states, California does not impose a statutory limit on the monetary value of pain and suffering or non-economic damages.

Do I have to pay taxes on a personal injury settlement in California? ›

The compensation you receive that is directly related to your physical injury is not typically taxable in the state. Even settlements related to emotional distress may not be taxable if the emotional distress is related to a physical injury. However, if punitive damages are awarded, those are taxable in California.

What is the usual result of a settlement? ›

The result of a settlement agreement involves the responsible party paying a certain amount to compensate for the damages caused to the victim.

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