What decides what an injury case is worth?

The honest answer

Nobody can responsibly tell you what your case is worth in the first meeting. Be cautious of anyone who names a confident figure on day one — it tells you more about their marketing than about your claim.

What can be said early is the range of ranges: whether this looks like a few thousand dollars, a few tens of thousands, or something larger. That is genuinely useful, and it is often all the information available until treatment has progressed.

The five factors that decide it

In rough order of how much they tend to move the number: liability clarity, insurance policy limits, the medical record, permanence of the injury, and venue. The first two can outweigh everything else.

Policy limits: the ceiling nobody mentions

A claim is only worth what can actually be collected. California's minimum auto liability coverage, for policies issued or renewed on or after January 1, 2025, is $30,000 for injury to one person and $60,000 per accident (Vehicle Code § 16056). If the at-fault driver carries only the minimum and has no meaningful assets, what can realistically be collected from that driver may be capped at the policy limit, however serious the injury.

This is one reason a strong case can settle for a disappointing figure, and it is often knowable early. Ask your attorney what coverage is available and whether any additional policies — umbrella, employer, your own uninsured/underinsured motorist coverage — might apply.

Why the medical record matters more than the injury

Adjusters and juries assess what is documented, not simply what happened. A serious injury with sparse records and a two-month treatment gap may be valued below a moderate injury that was consistently treated and clearly recorded.

This is not fair, but it is predictable, and it is one reason to see a doctor promptly and follow your treatment plan.

Beware the multiplier myth

You will read that pain and suffering equals medical bills times two or three. That heuristic exists because it is easy to explain, not because it is a rule or reflects how any particular claim will be valued. Our settlement estimator applies it precisely so you can see how crude it is.

What moves value, and by how much
Factor	Effect	Knowable early?
Liability clearly established	Very large	Often yes
Available policy limits	Caps everything	Usually yes
Consistency of treatment	Large	Develops over time
Permanent impairment	Large	Only after treatment plateaus
Venue and jury pool	Moderate	Yes
Your own share of fault	Proportional reduction (pure comparative fault)	Contested until resolved

Common questions

Why will my attorney not give me a number?

Because giving one early creates an expectation that then anchors every later conversation, including with you. Many practitioners prefer to give a range once treatment has stabilized, which is the first point at which the range means much.

Does a higher demand produce a higher settlement?

Not necessarily. A demand supported by records tends to carry more weight than a larger demand that is not, and an unsupported figure can damage credibility and slow things down.

What if I was partly at fault?

California uses pure comparative fault, so your recovery is reduced by your percentage but not eliminated. See the comparative fault guide.

Official sources

About this guide
Last reviewed September 2026 by the LA Law Hub editorial team against the official sources listed above. Laws, court rules, fees and local ordinances change, and how they apply depends on facts this guide cannot know. LA Law Hub is not a law firm. This guide is general information, not legal advice, and reading it does not create an attorney-client relationship. For advice about your own situation, speak with a lawyer licensed in California.

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