Legal, Claims & Settlements Injury Claims & Settlements Restatement (Second) of Torts §924

Personal Injury Settlement Value Calculator

This calculator builds a personal injury claim the way a demand letter does: documented economic losses first, then a general-damages figure for pain and suffering derived from a multiplier applied to the medical specials. It reports a range rather than a single number, because the multiplier is a negotiating heuristic with no legal force and the honest output of it is a band. Every input is a figure you can support with a bill, a pay record or an estimate. Nothing here predicts what an insurer will pay or what a jury would award.

Calculator

This calculator runs in your browser. Enable JavaScript for live results — the inputs, formula and worked example below remain fully readable without it.

Inputs this calculator takes, with typical values
InputWhat to enterExample
Medical bills to dateBilled charges for treatment already received, from the itemised statements rather than the insurer's allowed amounts.18500 $
Estimated future careCost of treatment a physician has recommended but you have not yet had — surgery, injections, therapy.6000 $
Lost wages to datePay you actually missed, supported by an employer letter or pay stubs; leave future loss to a separate calculation.7200 $
Property damageRepair or total-loss value of the vehicle and any contents; counted as economic loss but never multiplied.3500 $
Other out-of-pocket costsMileage to appointments, prescriptions, household help, rental car — anything you paid because of the injury.900 $
Central multiplierThe factor applied to the specials to produce a general-damages figure; 1.5 to 3 is the usual soft-tissue territory.2.5
Multiplier band (±)How far either side of the central multiplier you want the range drawn; set it to zero for a single figure.0.75
Apply the multiplier toDifferent practitioners multiply different bases; the base you pick changes the answer more than the multiplier does.Medical bills plus future care

It returns

  • Gross claim at the central multiplier — Economic damages plus general damages, before any fault reduction, fee or lien.
  • Economic damages (specials)
  • General damages at the central multiplier
  • Low end of the range
  • High end of the range
  • General damages as a share of the claim

The formula

V=E+Sk
Vlo=E+S(kb)

In plain text: Gross claim = Economic damages + (Multiplier base × Multiplier)

  • VGross claim value before fault reduction, fees and liens ($)
  • EEconomic damages — all documented out-of-pocket loss ($)
  • SThe specials the multiplier is applied to ($)
  • kGeneral-damages multiplier (dimensionless)

The multiplier is a negotiating convention, not a rule of law. No statute or jury instruction sets k.

Updated Category Injury Claims & Settlements Verified against published test cases Reading time 11 min

What an injury claim is built from

A personal injury claim has two halves that behave completely differently. Economic damages, also called specials, are the losses with a receipt: medical charges, the treatment a doctor says you still need, the pay you missed, the vehicle, the mileage and the prescriptions. They are provable to the dollar and they are what a demand letter documents first.

General damages are everything the receipts cannot capture — pain, the loss of the things you used to do, disfigurement, the sleep you no longer get. The Restatement (Second) of Torts §924 lists these as compensable heads of damage alongside pecuniary loss, and jury instructions in most states tell jurors plainly that there is no fixed standard for measuring them. California's civil jury instruction on non-economic loss (CACI 3905A) says exactly that: no fixed standard exists, and the amount is left to the jury's judgment.

That absence of a standard is why the multiplier exists. Adjusters and plaintiff firms needed some repeatable way to open a negotiation on an unquantifiable head of damage, so the convention became: take the documented medical specials and multiply. A modest soft-tissue case gets a low single-digit factor; a catastrophic one gets a much larger one. It is a bargaining heuristic that both sides understand, and it is not evidence of anything.

The formula, and the two choices that drive the answer

The arithmetic is V = E + S·k: economic damages, plus the multiplier base times the multiplier. Two decisions inside that expression matter more than anything else.

The first is what goes into S. The multiplier base is not the same thing as the economic damages. Property damage never belongs in it — a bent bumper causes no suffering — yet it is unquestionably an economic loss. Whether future care belongs is a genuine disagreement: a recommended future surgery is exactly the kind of fact that supports a larger general-damages figure, so many practitioners include it. Whether lost wages belong is a further step, and including them is the most aggressive of the three settings offered here. Moving the base from medical-only to medical-plus-care on the same facts changes the answer more than a half-point of multiplier does, which is why the choice is exposed rather than buried.

The second is that k is a band, not a point. Because the multiplier is a convention, quoting a single value implies a precision the method does not have. Setting a band of ±0.75 around a central 2.5 produces a range from 1.75 to 3.25 — and the width of the resulting dollar range, S × 2b, tells you how much of the claim's value is genuinely arguable rather than documented.

Note what the formula deliberately excludes. It applies no reduction for your share of fault, takes no account of policy limits, and says nothing about the fee or the liens. Those come afterwards, in that order.

Worked example: a rear-end collision with 4 months of treatment

Take a claimant with $18,500 in billed medical charges, a recommended future course of injections estimated at $6,000, $7,200 in missed pay, $3,500 of vehicle damage and $900 of mileage and prescriptions. The multiplier base is set to medical plus future care, the central multiplier to 2.5, the band to ±0.75.

  1. Economic damages. 18,500 + 6,000 + 7,200 + 3,500 + 900 = $36,100.
  2. Multiplier base. 18,500 + 6,000 = $24,500. The wages, vehicle and mileage are economic loss but are not multiplied.
  3. General damages, central. 24,500 × 2.5 = $61,250.
  4. Gross claim, central. 36,100 + 61,250 = $97,350.
  5. The range. At k = 1.75: 24,500 × 1.75 = 42,875, so the gross is 36,100 + 42,875 = $78,975. At k = 3.25: 24,500 × 3.25 = 79,625, so the gross is $115,725. The band is worth 115,725 − 78,975 = $36,750, which is 24,500 × 1.5, the base times the full band width.
  6. General damages as a share. 61,250 ÷ 97,350 = 62.9% of the central claim is the part with no receipt behind it.

Now carry it forward. If the claimant is found 20% at fault, the recovery falls to 0.80 × 97,350 = $77,880 under a pure comparative rule. Take a one-third fee on that, $2,400 of costs and a $9,000 lien, and the claimant nets 77,880 − 25,960 − 2,400 − 9,000 = $40,520. The headline claim value and the money that reaches a person are not the same quantity.

How to read the result, and what it is not

Read the output as an opening position with a documented floor, not as a valuation. The economic damages figure is the part you can prove; it is the number that survives cross-examination. The general damages figure is the part you argue for, and the range shows how wide that argument is.

Watch the general damages share. When it climbs past about three-quarters of the claim, the number is being carried almost entirely by the multiplier, which means the claim is only as strong as the story supporting it — the treatment records, the gaps in treatment, the physician's opinion on permanency, and how the claimant presents. That is a fragile position in negotiation and a worse one at trial.

Several things move the real number that this arithmetic cannot see. Policy limits cap most claims in practice: a $97,000 claim against a $50,000 policy with no other assets is a $50,000 claim. Venue matters, because jury verdicts on identical facts differ enormously between counties. Liability matters: a clean rear-end with a police citation supports a multiplier that a disputed lane-change does not. Treatment gaps and pre-existing conditions are the two facts adjusters look for first. And permanency — an impairment rating from a physician — is the single fact that most reliably moves a multiplier upward, because it converts a claim about how you felt last spring into a claim about the rest of your life.

If any part of the wage loss continues into the future, do not put it in the box above as a lump sum. Future earnings are a discounted stream, and treating them as a present-day figure overstates them; the lost earning capacity calculator does that part properly.

What each multiplier does to the same case

The worked example above: economic damages of $36,100 held constant, multiplier base of $24,500, multiplier varied. General damages are 24,500 × k; the gross adds the constant $36,100.
Multiplier kGeneral damagesGross claimGeneral share of the claim
1.0$24,500$60,60040.4%
1.5$36,750$72,85050.4%
2.0$49,000$85,10057.6%
2.5$61,250$97,35062.9%
3.0$73,500$109,60067.1%
4.0$98,000$134,10073.1%
5.0$122,500$158,60077.2%

Each row is 24,500 × k for the general damages and 36,100 + that figure for the gross. The share column is the general damages divided by the gross on the same row.

Where this calculation goes wrong

  • Multiplying the wrong base. Property damage and mileage are economic loss but do not support a pain-and-suffering argument. Including them inflates the claim on a basis no adjuster will accept.
  • Using billed charges without checking what was written off. Many states limit recoverable medicals to the amount actually paid or accepted rather than the amount billed. The gap between the two can be large.
  • Double-counting future care. If future treatment sits in the economic damages and also inflates the multiplier base, it is doing two jobs — which is defensible, but do it knowingly.
  • Treating future wage loss as a present-day number. A stream of future income has to be discounted, and often adjusted for work-life expectancy.
  • Ignoring the policy. Claim value above the available coverage is only collectable if the defendant has reachable assets or a bad-faith exposure exists.
  • Forgetting that the gross is not the net. Fault reduction, the contingency fee, case costs and liens all come out afterwards — the contingency fee net recovery calculator finishes the arithmetic.

A multiplier is not a prediction

No insurer is obliged to accept a multiplier, no court applies one, and no published table of "correct" multipliers exists. Large carriers value bodily injury claims with proprietary software driven by diagnosis codes, treatment patterns and venue, and those models are not multiplier arithmetic. Use the output here to organise a demand and to understand which parts of your claim are documented and which are argued. What a claim is worth in a particular county, against a particular carrier, on particular facts is a question for a lawyer who handles those cases.

The other ways an injury claim gets valued

The multiplier method is one of three approaches you will encounter. The per diem method assigns a daily rate to the suffering — often the claimant's daily wage — and multiplies by the days from injury to maximum medical improvement. It is more persuasive than a multiplier when treatment was long but inexpensive, and much weaker when recovery was quick but the injury permanent. Comparable verdicts and settlements is what experienced counsel actually rely on: jury verdict reporters for the venue, filtered by injury type. It is the only method grounded in outcomes rather than convention. Structured valuation software is what the carrier on the other side is using.

Where the injury happened at work, this framework does not apply at all: workers' compensation is a no-fault schedule and pain and suffering is not compensable in it. That calculation belongs to the workers' compensation permanent disability calculator. Where fault is shared, run the comparative negligence calculator before anything else, because a fault finding reduces or bars the whole claim and it does so under a rule that differs by state. And where the resolution is paid over time rather than in a lump, value the stream with the structured settlement present value calculator rather than adding the payments up.

Key terms

Specials
Special damages — the documented economic losses: medical charges, wage loss, property damage, out-of-pocket costs.
General damages
Non-economic loss: pain, suffering, disfigurement, loss of enjoyment of life, loss of consortium. No receipt exists and no fixed standard applies.
Maximum medical improvement
The point at which a physician judges that your condition has stabilised. Claims are usually not valued before it, because the medical picture is incomplete.
Permanency rating
A physician's percentage assessment of lasting impairment, usually against the AMA Guides. The fact that most reliably raises a general-damages argument.

Frequently asked questions

What multiplier should I use for a soft-tissue injury?

Between 1.5 and 3 is the range practitioners commonly work in for soft-tissue injuries that resolve with conservative treatment, and it is a convention rather than a published standard. What pushes toward the top of it is objective imaging findings, a long and consistent treatment record, and a physician's opinion of residual impairment. What pushes toward the bottom is a treatment gap, a pre-existing condition affecting the same body part, or minimal vehicle damage.

Do insurance companies actually use multipliers?

Not as their internal valuation method. Large carriers use claim-evaluation software driven by diagnosis codes, treatment duration, injury severity and venue. Multipliers survive because they are a shared shorthand for negotiating: a demand built on one is legible to an adjuster even though the adjuster's own number came from somewhere else. Treat the output as an opening position, not as an estimate of the offer.

Should lost wages go in the multiplier base?

That is the most aggressive of the three settings and it is a genuine matter of dispute. The argument for it is that time off work reflects the severity of the injury; the argument against is that wage loss is already fully compensated as an economic damage, so multiplying it compensates the same loss twice. Most demand packages multiply medical specials, sometimes including recommended future treatment, and leave wages out.

Is the gross claim what I will actually receive?

No. Four things come out after this figure: any reduction for your share of fault, the contingency fee, the case costs the firm advanced, and any medical liens or subrogation claims. On a claim with a one-third fee and an unreduced lien, the claimant's net is commonly a little under half the gross. Run the number through the contingency fee net recovery calculator to see your own case.

How do policy limits affect the number?

They cap it in practice. If the at-fault driver carries a $50,000 bodily injury limit, has no reachable assets, and no bad-faith claim arises from the carrier's handling, then a $150,000 claim is a $50,000 recovery plus whatever your own underinsured motorist coverage adds. Check your own policy's UIM limits early — they are often the largest source of recovery in a serious injury case.

What if I was partly at fault?

Your recovery is reduced by your percentage of fault, and in some states barred entirely once your share reaches a threshold. Under a pure comparative rule, a claimant 20% at fault on a $97,350 claim recovers $77,880. Under a modified rule with a 50% bar, that same claimant recovers nothing once found 50% or more responsible. Which rule applies is a question of state law.

Does the calculator handle wrongful death claims?

No. Wrongful death damages are defined by statute in each state and are built from different components — loss of financial support, loss of services, funeral expenses, and the survivors' own loss of companionship — rather than from the decedent's medical specials times a factor. The multiplier framework here does not transfer to that calculation.

How long do I have to bring the claim?

The limitation period is set by state statute and commonly runs from one to six years for personal injury, with much shorter notice deadlines when a government entity is involved — sometimes 60 to 180 days. Missing the deadline extinguishes the claim regardless of its merit, so establish your date before you spend time on valuation.

References