Personal Injury Settlement Calculator

Most insurers start with the multiplier method. Medical bills are multiplied by a factor of about 1.5 for minor injuries up to 5 for severe ones (our calculator goes up to 10 for permanent injuries) to estimate pain and suffering; lost wages and other documented costs are then added at face value. Your share of fault is subtracted under your state's rule. Some adjusters use a per diem method instead, a daily rate for each day of recovery.

There is no reliable national average for all injury claims, because most settlements are private. Public records give a floor: across 60,783 car accident claims paid by the federal government, New York City and Chicago, the median payment was $5,000 and the average $38,616 — a few very large cases pull the average up. Surgery, permanent injuries and wrongful death move claims into six and seven figures. More figures: personal injury statistics.

In federal court records, yes by a wide margin: of 284,080 personal injury cases in which the plaintiff had a lawyer, 56.8% ended in a settlement, against 9.6% of 24,237 cases filed without one (fiscal years 2010–2025, outside multidistrict litigation). That is an association, not proof of cause, because lawyers choose which cases they take. Read the study.

Most injury lawyers work on contingency: typically 33⅓% of the settlement if the case resolves before a lawsuit is filed and 40% once it goes to litigation, plus case costs. You pay nothing upfront and no fee if there is no recovery. Medical liens and health insurer reimbursement also come out of the gross amount; the settlement payment calculator shows what you keep.

Claims settled without a lawsuit usually take several months to a year after treatment ends, because insurers rarely settle before your medical picture is clear. Once a lawsuit is filed, expect one to three years. Few cases reach a verdict: only 1.7% of represented federal injury lawsuits closed in fiscal years 2010–2025 ended in a trial verdict.

Under federal law (26 U.S.C. § 104(a)(2)), compensation received for physical injuries or physical sickness is generally not taxable income, including the pain-and-suffering part. Punitive damages and interest are taxable, and so is compensation for emotional distress that does not stem from a physical injury, except the amount spent on medical care for it. More on taxes.

In most states your settlement is reduced by your percentage of fault. In modified comparative fault states you recover nothing once your share reaches 50% or 51%, depending on the state. Alabama, Maryland, North Carolina, Virginia and Washington, D.C. follow contributory negligence, where any fault can bar recovery. The calculator applies your state's rule.

Each state sets a statute of limitations, most often two or three years from the injury. Kentucky and Tennessee allow one year; Maine, North Dakota and Minnesota allow six. Claims against a city, county or state agency often require a written notice within months. Deadlines by state.