There's no universal formula — but there is a consistent set of factors that determine the value of an injury claim in California. Here's what goes into the calculation.
Personal injury compensation in California is generally divided into two categories: economic damages, which have a specific dollar value, and non-economic damages, which compensate for harder-to-quantify losses. A thorough claim accounts for both — and for losses that may not be fully known until your treatment is complete.
Medical bills (past and future), lost wages from time missed at work, lost earning capacity if the injury affects your ability to work long-term, and property damage such as vehicle repair or replacement costs.
Pain and suffering, emotional distress, loss of enjoyment of life, and — in the most serious cases — loss of consortium for spouses or family members affected by your injury.
In fatal accidents, surviving family members may recover for lost financial support, loss of companionship, funeral and burial expenses, and the value of household services the deceased provided.
A claim's value often can't be accurately assessed until your medical treatment is complete or your doctors can speak to your long-term prognosis. Accepting an early settlement before that point can mean accepting far less than your claim is actually worth — and once you settle, you generally can't go back for more, even if new medical issues arise.
Medical bills, treatment records, wage statements, and any documentation of how the injury has affected your daily life and work.
Police reports, witness statements, photos, and — when needed — accident reconstruction to establish who was at fault and why.
We account for future medical needs and lost earning capacity, not just bills already paid — so the demand reflects your actual losses, present and future.
A well-documented demand, backed by a willingness to litigate if necessary, consistently produces better outcomes than an unprepared claim.
This article is provided for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship between you and Westwood Law Center. Legal advice must be tailored to the specific facts of your situation — nothing in this article should be relied upon as a substitute for consultation with a licensed attorney. The information here may not reflect the most current legal developments. If you have a legal issue, contact our office for a free consultation.
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