Personal Injury FAQ

Settlements typically include two categories: special damages (economic losses you can document — medical bills, lost wages, property damage) and general damages (non-economic losses — pain and suffering, emotional distress, loss of enjoyment of life). Pain and suffering is usually estimated by multiplying your medical bills by a factor of 1.5× to 5×, depending on injury severity. Your total is then adjusted by fault percentage, insurance limits, and other case factors.

Our calculators provide rough ballpark estimates — not precise valuations. The actual value of your claim depends on factors no online tool can assess: the quality of your documentation, the specific insurer involved, your state's exact laws, the skill of your attorney, whether the case goes to trial, and many other variables. Use our estimates to get a general sense of scale and to have a more informed first conversation with an attorney.

Simple car accident cases with clear liability and minor injuries may settle in 2–6 months. Complex cases with significant injuries, disputed liability, or multiple parties can take 1–3 years. Cases that go to trial take even longer. Your attorney can give you a more realistic timeline based on your specific situation.

Most states allow 2–3 years from the date of injury to file a lawsuit, but it varies significantly by state. California allows 2 years; New York allows 3 years; Louisiana allows only 1 year. Government entities often have much shorter deadlines (sometimes 90–180 days to file a claim notice). Missing the statute of limitations permanently bars your claim. Use our State Data lookup to find your state's deadline, then consult an attorney immediately.

No — you can negotiate with an insurance company yourself. However, studies consistently show that claimants represented by attorneys recover 3–4× more on average, even after deducting attorney fees. Personal injury attorneys typically work on contingency (no upfront cost, 33–40% fee only if they recover money for you), so the cost barrier is low. For significant injuries, hiring an attorney almost always results in better outcomes.

Pain and suffering is non-economic damage — it's subjective and varies widely. The most common method is the multiplier method: multiply your medical bills by 1.5× (minor injury) to 5× or more (catastrophic injury). The per diem method assigns a daily dollar value to your pain and multiplies by the number of days you suffered. Our Pain & Suffering Calculator lets you compare both methods side by side.

If the at-fault driver is uninsured or underinsured, your own auto insurance policy's UM/UIM (Uninsured/Underinsured Motorist) coverage may apply. If their policy limits are lower than your damages, you may be able to stack your UIM coverage on top. You can also sue the at-fault driver personally, though collecting a judgment against someone with no assets can be difficult. Consult an attorney immediately if this is your situation.

Comparative fault (or comparative negligence) rules determine how your recovery is affected if you were partially at fault. Under pure comparative rules (CA, NY, FL, etc.), your recovery is reduced by your fault percentage — even if you were 90% at fault, you can still recover 10%. Under modified comparative rules (most other states), you're barred from recovery if you were 50% or 51% at fault, depending on the state. Under contributory negligence (AL, MD, NC, VA, DC), any fault at all bars your recovery entirely.

If Medicare or Medicaid paid for your injury-related medical care, they have a right to be reimbursed from your settlement (called a "lien" or "right of subrogation"). Your attorney is required to notify Medicare/Medicaid and resolve any liens before distributing your settlement proceeds. Failing to do so can result in serious penalties. This is one of many reasons having an experienced attorney is crucial.

Generally, compensation for physical injuries and medical expenses is not taxable under federal law (IRC § 104). However, punitive damages and interest are taxable. Emotional distress damages not connected to physical injury may also be taxable. Consult a tax professional for guidance specific to your situation.