How much is my injury claim worth?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalThere is no set price for an injury. The facts about fault, care, lost pay, and lasting harm all matter. The funds or insurance that can pay also matter.
In this guide
Here’s an example
Two people break an arm. One heals fast. The other needs more care and cannot return to work.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
Value depends on what can be proved and what can be paid. A review should look at fault, the full harm, and possible payment sources. No single factor gives a reliable price.
Legal references: [1] Civil Code § 3333 — Compensation for harm · [2] CACI No. 3900 — Tort damages (2026 edition) · [3] California Department of Insurance — Automobile insurance guide
Build the estimate from facts
A useful review separates fault, harm, proof, and payment sources. Two people with the same injury name can have different care needs, work losses, and lasting effects. Records matter more than a label.
A policy limit is not a promise that the insurer will pay it. A large bill is not by itself proof of recoverable damages. The case law explains why the kind of record and the legal measure of loss matter.
Start with the proof for medical costs.
Keep separate records for lost earnings.
Why a simple multiplier can mislead
A formula based only on bills cannot capture disputed fault, future needs, policy terms, or the proof of harm. Use a range only with its assumptions explained. No guide or calculator can promise an offer.
Compare the total deal with the amount left after valid deductions. An offer can look different once fees, case costs, and repayment issues are known.
Before comparing offers, understand the amount left after deductions.
For an optional starting tool, read the assumptions on GJEL’s settlement calculator and its limits ↗.
What can change the answer?
Online averages leave out key facts. A strong claim may still face limits on how much can be paid. A pain score alone cannot tell you the value.
Questions people ask
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
Howell v. Hamilton Meats & Provisions, Inc.
Supreme Court of California · 2011
52 Cal.4th 541, slip op., pp. 1–2
For the insured care at issue, a bill’s unpaid negotiated writeoff was not a loss the patient could recover.
This does not decide every bill or lien. Future care and other kinds of loss need separate proof.
Licudine v. Cedars-Sinai Medical Center
California Court of Appeal · 2016
3 Cal.App.5th 881, slip op., pp. 1–2
Lost future earnings need proof of what the person likely could have earned. A hoped-for job is not enough by itself.
The amount cannot rest on a guess. The likely work and pay need a sound basis in the proof.
Case applicability reviewed as recorded above.
A useful next step
Gather care records, proof of lost pay, and policy details. Ask for a review based on your own facts.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- Civil Code § 3333 — Compensation for harm ↗Statute · Review recorded above
- CACI No. 3900 — Tort damages (2026 edition) ↗Jury instructions · Review recorded above
- California Department of Insurance — Automobile insurance guide ↗Agency guidance · Review recorded above
- Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 ↗Case law · Review recorded above
- Licudine v. Cedars-Sinai Medical Center (2016) 3 Cal.App.5th 881 ↗Case law · Review recorded above
- Business and Professions Code § 6147 — Contingency fee agreements ↗Statute · Review recorded above
Updated 2026-11-04. Read our editorial standards.