Case value depends on objective losses and subjective factors. Key components include:
- Economic damages: past and future medical bills, lost wages, reduced earning capacity,
property damage, and out-of-pocket expenses (transportation to medical appointments, home
care). - Non-economic damages: pain and suffering, emotional distress, loss of enjoyment of life,
and loss of consortium. These are less quantifiable but often make up a large portion of a
settlement. - Special factors: permanency of injury, scarring or disfigurement, cognitive impairments, and
age. Catastrophic injuries yield higher damages. - Liability and comparative fault: California follows comparative negligence. If you’re found
partially at fault, your recovery is reduced by your percentage of fault. - Insurance policy limits: The at-fault driver’s insurance cap can limit recovery.
Uninsured/underinsured motorist coverage and your own policy may supplement
compensation. - Evidence and documentation: Strong medical records, consistent treatment, expert
testimony, and demonstrable lost income increase value.
Valuation methods: attorneys use multipliers (medical expenses × multiplier for pain and
suffering) or per diem calculations for daily impact. These are starting points; negotiations
consider liability strength and juror perceptions.
Speak with an attorney to run a valuation based on your specific facts — they’ll account for
future medical needs, lien obligations, and realistic settlement expectations given local jury
results and insurance factors.