Example 1: Rear-End Whiplash, Full Recovery
PA, no surgery, 3 months PT, no fault
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Reviewed by Leonard Goldberg, Editor · Last updated
That’s the bones of it. Adjusters wrap this in proprietary software (Colossus, ClaimIQ, Liability Insights), but the math is the same. What is the multiplier method? →
How adjusters and attorneys actually pick the multiplier — based on severity, treatment, and permanence.
| Severity | Multiplier | Typical Case |
|---|---|---|
| Minimal soft tissue | 1.0 – 1.5× | Whiplash, 1–3 PT visits, full recovery in weeks |
| Moderate soft tissue | 1.5 – 2.5× | PT 2–6 months, full recovery, no surgery |
| Surgical / herniated disc | 3.0 – 4.0× | MRI-confirmed disc herniation, injections, possible surgery |
| Severe / fusion / TBI | 4.0 – 5.0× | Spinal fusion, moderate TBI, permanent impairment |
| Catastrophic / permanent | 5.0×+ | Paralysis, amputation, severe TBI, wrongful death |
PA, no surgery, 3 months PT, no fault
CA, MRI-confirmed L4-L5 herniation, 2 epidural injections, 30% comparative fault
TX, L5-S1 fusion, 6% AMA permanent impairment, no fault
These are not predictions for your case. Your value depends on documented severity, jurisdiction-specific caps, the at-fault driver’s insurance limits, and how well the case is presented. The numbers above are how an adjuster or attorney would think about the case structure.
In pure contributory negligence states (AL, MD, NC, VA, DC), any fault on your part bars recovery entirely. Even 1% at fault = $0. In pure comparative states (CA, NY, FL, MS, AK, AZ, KY, LA, MO, NM, RI, WA), you recover your % of damages even at 99% fault. Modified-comparative states (most others) bar recovery at 50% or 51%+. Comparative negligence explained
Texas caps med-mal non-economic at $250K/$750K (CPRC Ch. 74). California phasing AB 35 increases to $750K/$1M by 2033. Florida, Illinois, Georgia, NY have no med-mal caps (their supreme courts struck them). All 50-state damage caps
Florida and California have the lowest BI minimums ($10K and $15K). When the at-fault driver has only minimums, your recoverable pool is limited unless you have UIM. Maine, Wisconsin, and Alaska have the highest minimums ($50K+).
In 12 states + DC (FL, MI, NY, NJ, etc.), your own auto insurance pays first, regardless of fault, up to PIP limits. You can only sue across the no-fault threshold. Michigan used to have unlimited PIP; the 2019 reforms changed that.
Range from 1 year (KY, LA, TN) to 6 years (ME, ND, MN). Most are 2-3. Med-mal SOL is often shorter than general PI. Full SOL table (51 jurisdictions)
Each calculator applies the right multiplier, state fault rule, and damage cap. All free, no email required.
Averages mislead — the median is more useful. Across 51,932 settled car-accident cases we analyzed, the median was about $24,000. But the distribution is huge: minor soft-tissue cases settle for $5K–$15K, surgical cases for $75K–$300K, and catastrophic injuries can reach seven or eight figures. Your number depends on medical specials, severity, fault, and state caps — not on an average.
Two methods. The multiplier method takes medical specials × a factor (1.5–5.0, based on severity) and adds it to lost wages. The per-diem method assigns a daily dollar amount × days of recovery. Adjusters use software like Colossus, ClaimIQ, and Liability Insights to systematize this. Their software is calibrated to lowball.
Massively. Three structural levers: (1) fault rules — pure-comparative states let you recover even at 99% fault; pure-contributory states (AL, MD, NC, VA, DC) bar recovery at 1% fault. (2) Damage caps — TX caps med-mal non-economic at $250K/$750K; FL has none. (3) Insurance minimums — FL's $10K bodily-injury minimum vs. ME's $50K means very different recoverable pools when the at-fault driver has only minimum coverage.
From injury to check: usually 6–18 months for soft-tissue cases without litigation. Add 6–12 months once a lawsuit is filed. Catastrophic and contested cases routinely take 2–4 years. Read the full breakdown with timeline data.
Yes — through subrogation. Health insurers, Medicare, Medicaid, and ERISA plans can claim back what they paid for treatment. These liens are negotiable. Reducing a Medicare lien from $80K to $30K is common with proper challenge; ERISA liens are tougher. Use our net settlement calculator to see what you actually take home.
Almost never. First offers run 30–50% of what cases ultimately settle for. The adjuster's software is calibrated assuming you'll negotiate. Document everything (medical, time off, photos), draft a strong demand letter, and counter with a number backed by case law. Most cases settle for 2–4× the initial offer after one to three rounds of negotiation.
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