Every settlement calculator on this site follows the same steps in the same order. This page explains each step, the assumptions we make and where our rules data comes from.
Step 1: Economic damages
We add medical bills already incurred, future medical care you enter, income lost so far and future lost income. Vehicle damage is valued separately, because it is paid under a different coverage and settles on a different timeline.
Step 2: Pain and suffering
Non-economic damages are estimated with the multiplier method most adjusters start from: economic damages times a range set by injury severity.
| Severity | Multiplier |
|---|---|
| Minor | 1.5× – 2× |
| Moderate | 2× – 3× |
| Severe | 3× – 4× |
| Catastrophic | 4× – 5× |
The pain and suffering calculator also shows the per-diem method (a daily rate times days in recovery) side by side.
Step 3: No-fault rules
In the 12 no-fault states, we subtract the medical bills and lost income your own PIP coverage pays, up to the state minimum. If you say your injury does not meet the state’s threshold to sue, we set pain and suffering to zero and keep only economic losses beyond PIP.
Step 4: Damage caps
Where a state caps non-economic damages in ordinary injury cases with a clear dollar figure, we apply the cap, including higher caps for catastrophic injuries where the law provides them. Caps with broad exceptions are shown but not applied.
Step 5: Your share of fault
We apply the state’s fault rule to the total:
- Pure comparative: reduce by your percentage at any level
- 51% bar: reduce by your percentage; zero above 50%
- 50% bar: reduce by your percentage; zero at 50% or more
- Contributory negligence: zero at any fault above 0%
- Slight/gross (South Dakota): reduce by your percentage, with a warning that a jury may bar the claim; zero at 50% or more
- Michigan: above 50%, pain and suffering is removed and economic damages are reduced
Where a state changed its rule, such as Florida in 2023 and Louisiana in 2026, we use the date you enter to pick the rule in force.
Step 6: Insurance available
We compare the estimate with the at-fault party’s policy limit you choose, plus your UM/UIM coverage for vehicle claims. When the range passes the coverage, we say so.
Step 7: Take-home
At the midpoint, capped at available insurance, we subtract the attorney fee you choose, an estimate of case costs (2% of the recovery, at least $1,000, when a lawyer is used) and medical bills still owed. Real fees, costs and lien reductions vary.
Filing deadlines
We add the state’s statute of limitations to the date you enter, using the vehicle crash or wrongful death deadline where the state sets a different one, and rules in force on that date. Exceptions can change the real deadline.
Our rules data
Each state’s fault rule, deadlines, minimum insurance, no-fault threshold, damage cap and dog bite rule is stored once and used by every page. Each value cites its statute or case and has a “last checked” date. The full data is published as a JSON feed.
Limits of any calculator
No formula captures credibility, the quality of medical records, local jury attitudes or the strength of the evidence. Use the estimates to understand the range and judge offers. For advice on your claim, talk to a lawyer licensed in your state.