Personal Injury Settlement Calculator

Personal injury settlements use a two-part formula: (1) special damages — all quantifiable losses like medical bills and lost wages — and (2) general damages, which is your special damages multiplied by a pain & suffering factor. The multiplier ranges from 1.5× for minor injuries to 10× for catastrophic spinal injuries. The defendant's insurance company then negotiates from that starting point.

The average personal injury settlement is approximately $52,900 across all injury types, according to the Insurance Research Council. However, this average is heavily skewed by a small number of very large settlements. The median (most common) settlement is around $31,000. Car accidents average $16,700, slip and falls average $17,000, and severe injuries with surgery can settle for $100,000–$500,000+.

Simple soft tissue cases with clear liability typically resolve in 3–6 months. Cases requiring surgery or involving disputed liability take 1–2 years. Cases that go to trial average 2–3 years. Negotiating before maximum medical improvement (MMI) — before all treatment is complete — almost always results in a lower settlement.

Statistically, yes. According to the Insurance Research Council, represented claimants receive 3.5× more in settlements than unrepresented claimants, and that gap remains even after accounting for the contingency fee (typically 33–40%). Insurance companies have experienced adjusters and defense attorneys — you should have representation too.

Comparative negligence reduces your award by your percentage of fault. If you were 20% at fault in a car accident and your damages total $100,000, you'd recover $80,000 in a pure comparative negligence state. In contributory negligence states (VA, NC, MD, DC, Alabama), any fault on your part bars recovery entirely.

Generally, no. Physical injury settlements — including pain and suffering — are excluded from gross income under IRC Section 104. However, punitive damages are taxable. Interest earned on a settlement is taxable. Emotional distress damages not connected to a physical injury may be taxable depending on the source.

Yes — future medical expenses are a separate and often significant part of a settlement. If you need ongoing treatment, surgery, physical therapy, or medication, these are documented as 'future specials.' Courts and insurers typically estimate future medicals at 0.75×–1.5× your current medical bills, though cases involving long-term disability can project much higher. You should not settle until you've reached Maximum Medical Improvement (MMI) so all future needs can be accurately estimated.