Ask for the full value of what the injury has cost you and will cost you, backed by records: medical bills, future care, lost income and a reasoned amount for pain and lost quality of life, adjusted for fault and the insurance available. The deadline to sue is two years in California (CCP 335.1) and Texas (CPRC 16.003) and three years in Washington.
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How do you decide how much to ask for?
The demand is a written request to the insurer that lays out what you lost and what you want to resolve the claim. It should be built from the bottom up, the same way a jury would be told to build an award, and every line should point to a document.
Nobody can give you a number in advance, and you should be wary of anyone who does. What you can control is whether the demand leaves anything out. Most underpriced demands are missing future treatment, lost earning ability or the effect of the injury on daily life, because those pieces take work to prove.
If you are still treating, it is usually too early to name a figure. The value of a claim often depends on what your doctors say about the future, and a release ends the claim for good.
What losses go into a personal injury demand?
Start with the losses you can add up. California’s civil jury instructions (CACI) describe them this way:
- Past and future medical expenses. CACI 3903A asks for the reasonable cost of reasonably necessary care received, and of care you are reasonably certain to need in the future. In Texas, recovery of medical expenses is limited to the amount actually paid or incurred by or for you (CPRC 41.0105), and a provider’s affidavit can be used to prove the charges were reasonable and the care necessary (CPRC 18.001).
- Past and future lost earnings. CACI 3903C covers income lost to date and income you are reasonably certain to lose. A note from your employer and your pay records carry this line.
- Other out-of-pocket costs, such as travel to appointments, help at home and equipment.
For losses that run for years, the instructions also matter. CACI 3932 tells jurors to estimate life expectancy for lifelong harm, and CACI 3904A explains that the defense may ask to reduce future economic damages to present cash value.
How do you put a number on pain and suffering?
There is no formula in the law. CACI 3905A tells California jurors that no fixed standard exists for noneconomic damages and that they must use their judgment to decide a reasonable amount based on the evidence and common sense. That list includes physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, anxiety and emotional distress.
So the demand has to give the adjuster evidence: how long you were in pain, what you could not do, what your doctors expect, photos, and statements from people who see you every day. Our page on how pain and suffering is calculated walks through the methods insurers use.
What reduces the amount you can recover?
Three things can cut a demand that looks right on paper.
- Your share of fault. California reduces damages by your percentage of responsibility (CACI 405). Texas reduces them the same way and bars recovery if you are more than 50 percent responsible (CPRC 33.001). Washington reduces them in proportion and never bars recovery for that reason (RCW 4.22.005).
- Gaps in treatment. Under CACI 3930, you cannot recover for harm the defense proves you could have avoided with reasonable effort.
- Insurance limits. In a crash case, the other driver’s policy may be small. The minimum bodily injury coverage per person is $30,000 in California (DMV) and Texas (TDI) and $25,000 in Washington (Insurance Commissioner). Other sources, such as your own coverage, may need to be part of the plan.
Our settlement calculator guide shows how fault and limits change the math in each state.
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What does a demand look like on paper?
Example only. A person slips on an unmarked wet floor and tears a knee ligament. The figures are invented to show the structure, and the facts of each case decide every number.
| Demand line | Amount | Proof |
|---|---|---|
| Emergency room and imaging, paid or owed | $6,500 | Bills and payment records |
| Surgery and physical therapy, paid or owed | $38,000 | Bills and payment records |
| Future therapy and a likely second procedure | $22,000 | Surgeon’s written opinion |
| Lost wages, 10 weeks | $11,000 | Employer letter, pay stubs |
| Pain, lost activities, physical impairment | $95,000 | Records, photos, statements |
| Total demand | $172,500 |
If the store argued you were 20 percent at fault for not watching the floor, the same claim would be valued at $138,000 after that reduction. Nothing in this table predicts what your claim will bring.
What happens after you send the demand?
In California, once an insurer receives proof of claim, it must accept or deny the claim, in whole or in part, within 40 calendar days under 10 CCR 2695.7(b). Counteroffers follow. Before you agree to a figure, find out what will come out of it: Medicare must be repaid under 42 CFR 411.24, Washington caps combined provider liens at 25 percent of the recovery (RCW 60.44.010), and IRS Publication 4345 explains which parts of a settlement can be taxed.
What to do now
- Finish treatment, or get a written opinion on the care you will need, before you name a number.
- Collect every bill, payment record and explanation of benefits.
- Get a letter from your employer stating your pay and the days you missed.
- Keep a short weekly journal of pain, sleep, work and activities you cannot do.
- Get the at-fault party’s insurance limits and check your own policy.
- Calendar the filing deadline. Texas uses two years (CPRC 16.003) and Washington three (RCW 4.16.080).
- Read how to get more money from a settlement before you answer the first offer.
Get help with your demand
If you were injured in California, Texas or Washington and want help building a demand from your records, call Beverly Law at (310) 552-6959. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. You owe no fees or costs unless we win.
Common questions
Should I ask for more than I expect to get?
The demand should reflect the full documented value of the claim. Negotiation usually moves down from there, so leaving out losses at the start makes it hard to add them later.
How much should I sue for?
A lawsuit asks for the damages the evidence supports. The same building blocks apply: medical costs, lost income, future losses and noneconomic harm.
Can I ask for more than the insurance limit?
You can, but the insurer usually pays only up to its policy. Other coverage or other responsible parties may matter.
Do I include bills my health insurance paid?
Generally yes, as part of your medical damages, but Texas limits recovery to amounts actually paid or incurred and health plans may seek repayment.
Is there a standard multiplier for pain and suffering?
No rule of law sets one. California jurors are told to use judgment based on the evidence.
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Related pages
Car Accident Settlements · Car accident settlements · Car accident settlement calculator · How pain and suffering is calculated · How to get more money from a settlement · Law Blog
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Sources
- Judicial Council of California Civil Jury Instructions (CACI), 2026 edition
- California Courts Self-Help: statute of limitations
- 10 CCR 2695.7, standards for prompt, fair and equitable settlements (Cornell LII)
- California DMV: insurance requirements
- Texas Civil Practice and Remedies Code chapter 41, damages
- Texas Civil Practice and Remedies Code chapter 33, proportionate responsibility
- Texas Civil Practice and Remedies Code chapter 16, limitations
- Texas Civil Practice and Remedies Code chapter 18, evidence (medical expense affidavits)
- Texas Department of Insurance: auto insurance guide
- RCW 4.22.005, effect of contributory fault
- RCW 4.16.080, actions limited to three years
- Washington Office of the Insurance Commissioner: mandatory auto insurance law
- 42 CFR 411.24, Medicare recovery of conditional payments (Cornell LII)
- IRS Publication 4345, Settlements: Taxability
- RCW 60.44.010, liens of health care providers
Important: This page is general information, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Laws change and every case is different; talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. You owe no fees or costs unless we win. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: 2026-11-12.