Multiplier method vs. per-diem method
The multiplier method values pain and suffering as medical expenses times a number from 1.5 to 5; the per-diem method charges a daily rate for each day until recovery. The calculator runs the multiplier method by default and, if you enter a daily rate and number of days, widens the range to include the per-diem figure.
| Method | Pain and suffering | Total claim value |
|---|---|---|
| Multiplier ×3–4 | $60,000–$80,000 | $86,000–$106,000 |
| Per diem: $200/day × 180 days | $36,000 | $62,000–$106,000 (combined range) |
Neither method is law. They are conventions adjusters, mediators and lawyers use to start a negotiation; juries are told only to award fair compensation.
Bodily injury settlement calculator: choosing the severity
Severity is the single biggest input after the medical bills. Pick the band that matches your doctor’s records, not how the injury felt on the worst day:
| Severity | Multiplier | Typical injuries |
|---|---|---|
| Minor | ×1.5–2 | Sprains, strains, whiplash or bruising; full recovery within weeks; mostly conservative care. |
| Moderate | ×2–3 | Simple fracture, concussion or injury needing months of treatment or therapy; full or near-full recovery. |
| Serious | ×3–4 | Surgery, hospital stay or long recovery; some lasting pain or limitation. |
| Severe | ×4–5 | Permanent impairment, disfigurement, chronic pain or a life-changing injury. |
Neck injury settlement: whiplash that resolves with therapy is usually minor or moderate; a herniated disc needing injections or surgery moves to serious. Knee injury settlement: a sprain is minor, a torn meniscus or ACL treated with surgery is serious, and a knee replacement or lasting instability can be severe.
How fault and insurance limits cut the number
Every state except the contributory-negligence jurisdictions reduces damages by the injured person’s share of fault, and modified-fault states stop recovery at 50% or 51%. New York applies pure comparative fault,[4] while Illinois bars a plaintiff more than 50% at fault.[5] The calculator applies the rule of the state you pick; the car accident settlement calculator page lists every state’s rule.
If you were hurt on the job, your employer’s workers’ compensation usually replaces a negligence suit against the employer; the workers comp settlement calculator estimates those benefits, and this calculator still applies to a third party such as another driver. Collectibility is the second cap. A homeowner’s or business liability policy, like an auto policy, has a per-occurrence limit, and a defendant without insurance or assets may be unable to pay a judgment of any size.
What the result does not include
- Punitive damages, which require intentional or reckless conduct and were awarded in about 3% of tort trials won by plaintiffs.[1]
- Damage caps some states set on non-economic damages, mainly in medical malpractice cases (see the medical malpractice statute of limitations page for the related deadlines).
- Taxes: damages for physical injuries or physical sickness are excluded from income, but punitive damages and interest are taxable.[2][3] The settlement calculator splits taxable and non-taxable parts.
Average personal injury settlement: what the data say
Settlement amounts are confidential, so the most reliable public figures come from trials. In the federal Bureau of Justice Statistics survey of state court tort trials, half of the plaintiffs who won were awarded $24,000 or less, premises liability winners had a median of $98,000 and medical malpractice winners $400,000.[1] Treat any website claiming an “average settlement” without a source as marketing.
Whatever the value, the claim is worthless if filed too late: check the statute of limitations by state before negotiating, and for a smaller claim compare the small claims limit by state.