California Personal Injury Settlement Calculator
California is one of the few states where being mostly at fault does not end your claim. Your recovery is simply reduced by your share of the blame, with no cut-off. That single rule separates California from most of the country.
Enter what you know below. The estimate updates as you type, and nothing is submitted or stored.
- Filing deadline2 yearsFrom the date of injury
- Shared faultPure comparativeNo cut-off — recovery is only reduced
- Government claims6 monthsWritten claim to the agency
- Minimum insurance30/60/15$30,000 per injured person
This is an estimate, not legal advice. No calculator can value a real claim — that depends on medical evidence, the available insurance policy, liability disputes and how the case is negotiated. PILNY is an advertising and referral service, not a law firm, and using this tool does not create an attorney–client relationship.
How this estimate is calculated
The calculator adds your provable losses — medical bills, future treatment, lost earnings and property damage — then estimates pain and suffering using a multiplier applied to your medical costs, and finally reduces the total by your share of fault. Because California applies pure comparative fault, that reduction never wipes out the claim entirely.
If you want the reasoning behind the multiplier method, attorney fees and how gross settlements become net, that is covered in detail in our full guide to settlement values.
Pure comparative fault: why California is different
Most states cut you off at some point. Texas and Florida end recovery at 51% fault. Georgia ends it at 50%. North Carolina ends it at 1%.
California does none of that. Under Li v. Yellow Cab Co. (1975), the state applies pure comparative fault: your award is reduced by your share of the blame, and nothing more. At 70% fault you still recover 30%. At 90% fault you still recover 10%.
This matters practically, not just theoretically. People who assume they were “mostly to blame” often never speak to a lawyer at all, and in California that assumption can cost a substantial recovery. It also means fault arguments here are about reducing a number rather than eliminating a claim, which changes how insurers negotiate.
Medical malpractice is capped, and the cap moves every year
Ordinary injury claims in California have no cap on pain and suffering. Medical negligence is the exception.
Under MICRA, as amended by AB 35, non-economic damages in medical negligence claims are capped at $470,000 in 2026, or $650,000 where the patient died. Those figures rise every January until they reach $750,000 and $1,000,000 in 2033.
Medical malpractice also has a much shorter deadline: one year from discovering the injury, or three years from the injury itself, whichever comes first. A separate 90-day written notice is required before filing.
What the at-fault driver’s insurance actually covers
California raised its minimum liability limits in January 2025 under SB 1107. Drivers must now carry at least 30/60/15: $30,000 per injured person, $60,000 per crash and $15,000 for property damage — up from the 15/30/5 that had stood since 1967. Limits rise again to 50/100/25 in 2035.
That change matters for newer claims, but plenty of drivers still carry the minimum. If your claim is worth $120,000 and the at-fault driver has a $30,000 policy, the liability insurer pays $30,000. The rest has to come from your own uninsured or underinsured motorist coverage, a second liable party such as an employer, or a commercial policy.
California has no personal injury protection requirement, so your own medical payments coverage, if you bought it, is often what covers treatment while a claim is pending.
If a city, county or state agency was involved
This is the deadline that ends the most California claims. A written claim must be presented to the agency within six months of the incident under California Government Code § 911.2. Once the agency rejects it, only six months remain to file suit.
It covers far more than city vehicles: public transit, county roads, public hospitals, school districts and state universities all fall within it. Punitive damages are unavailable against public entities.
What this calculator cannot account for in California
Some of the biggest deductions in a California settlement never appear in a calculator:
- Medi-Cal reimbursement. If Medi-Cal paid for your treatment, the Department of Health Care Services has a statutory right to be repaid from your settlement under Welfare and Institutions Code § 14124.70. This routinely takes a significant share.
- Hospital liens. Under the Hospital Lien Act, Civil Code §§ 3045.1–3045.6, a hospital that treated you can assert a lien directly against your recovery. It is capped: § 3045.4 limits the hospital to 50% of what remains after attorney fees and any earlier perfected liens, and a lien is unenforceable unless the hospital gave proper written notice before settlement.
- Employer health plan recovery. Self-funded ERISA plans can often claim full reimbursement regardless of whether you were made whole.
- Uninsured drivers. California has one of the higher uninsured motorist rates in the country, which is why your own UM coverage frequently decides what is actually recoverable.
- Treatment gaps and pre-existing conditions. Both are used heavily by California adjusters to argue the injury was not caused by the crash.
Treat the number above as a starting point for a conversation, not a valuation.
Frequently asked questions
Can I still recover if the accident was mostly my fault?
Yes. California uses pure comparative fault, so your recovery is reduced by your percentage of blame but never eliminated. Even at 90% fault you can recover the remaining 10%.
How long do I have to file an injury claim in California?
Two years from the date of injury for most claims, under Code of Civil Procedure § 335.1. Medical malpractice is one year from discovery or three years from the injury, whichever is sooner, and claims against a public agency require a written claim within six months.
Is there a cap on pain and suffering in California?
Not in ordinary injury claims. Medical negligence claims are capped at $470,000 in 2026, or $650,000 where the patient died, and those amounts increase each January under AB 35.
What do the new 30/60/15 insurance minimums mean for my claim?
Since January 2025 California drivers must carry at least $30,000 per injured person, double the old minimum. For crashes after that date there is more coverage available, but many drivers still carry only the minimum, which can cap what is realistically recoverable.
What if a city bus or government vehicle hit me?
The deadline collapses to six months for presenting a written claim to the agency, and six more months to sue after it is rejected. Punitive damages are not available against public entities.
Related
- California filing deadline checker — how much time is left on your claim
- California injury claims overview
- How settlement values are calculated: the full guide
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