What Is My Personal Injury Claim Worth in California?

Your personal injury claim is worth the losses you can prove, mainly medical costs, lost income and pain and suffering, reduced by any share of fault assigned to you and limited in practice by the insurance available. In California you generally have two years from the injury to sue (CCP 335.1), and six months to present a claim against a public agency (Gov. Code 911.2).

What goes into the value of a personal injury claim?

The starting point is economic damages, the losses you can document with paper. California’s jury instructions break them into three groups.

• Medical expenses: you must prove the reasonable cost of reasonably necessary care you received and care you are reasonably certain to need (CACI 3903A). The authorities listed with that instruction explain the Howell rule: when you have health insurance, the recoverable amount for past care is generally what you or your insurer actually paid, and a provider’s write-off is left out. If you were uninsured and the bills are unpaid, Howell gives no fixed rule, and the reasonable value of the care is argued more broadly.
• Lost earnings: pay, salary or income you have already lost, plus what you are reasonably certain to lose in the future because of the injury (CACI 3903C).
• Lost earning capacity: a separate loss when the injury reduces your ability to earn, measured by the reasonable value of that loss to you. You do not need a work history to claim it (CACI 3903D), which matters for students, young workers and people who were between jobs.

How are pain and suffering and other noneconomic losses valued?

Noneconomic damages cover harm with no bill attached: physical pain, mental suffering, loss of enjoyment of life, disfigurement, physical impairment, inconvenience, grief, anxiety, humiliation and emotional distress. California tells jurors that no fixed standard exists for this part and that they must use judgment to reach a reasonable amount from the evidence and common sense (CACI 3905A). To recover for future pain, you must show you are reasonably certain to suffer it.

In most serious cases this is the largest number, and also the one most disputed. The proof is your own story told consistently: what your doctors wrote, what your family saw, and what you can no longer do. For the methods insurers use, see how pain and suffering is calculated.

Which California rules can cap or block part of a claim?

• Proposition 213: in a car crash case, you cannot recover noneconomic damages if you owned an involved vehicle that was uninsured, drove without proof of financial responsibility, or were convicted of driving under the influence for that crash (Civil Code 3333.4). You can still claim medical bills and lost pay. An uninsured owner injured by a driver convicted of DUI keeps the right to noneconomic damages.
• MICRA cap: applies only to professional negligence by a health care provider. For injury cases that do not involve a death, noneconomic damages were capped at $350,000 for cases filed on or after January 1, 2023, rising $40,000 each January 1 up to $750,000, and the amount in effect at judgment, award or settlement applies (Civil Code 3333.2). By our arithmetic that is $470,000 in 2026. A car crash, a fall or a dog bite has no noneconomic cap in California.
• Punitive damages: these are extra damages meant to punish, available only with clear and convincing evidence of oppression, fraud or malice (Civil Code 3294). Ordinary carelessness does not qualify, so most claims have none.

How much does your own share of fault lower the value?

California law holds each person responsible for injuries caused by a lack of ordinary care, except to the extent the injured person brought the injury on themselves (Civil Code 1714). In practice, your damages are reduced by the percentage of responsibility assigned to you (CACI 405), even if you were mostly at fault. Washington uses the same proportional approach (RCW 4.22.005). Texas bars recovery entirely when your share is greater than 50 percent (CPRC 33.001) and otherwise reduces it by your percentage (CPRC 33.012).

Example only: an injured driver proves $22,000 in medical expenses actually paid and $13,000 in lost pay, and the noneconomic damages are valued at $65,000, for $100,000 in total. At 30 percent fault, the claim is worth $70,000 in California, Texas or Washington. At 60 percent fault, it is worth $40,000 in California or Washington and nothing in Texas. The real figures depend on the evidence and on what the parties, a judge or a jury accept.

What is a personal injury claim worth in Texas?

• Paid or incurred: recovery of medical expenses is limited to the amount actually paid or incurred by you or on your behalf (CPRC 41.0105). A large billed amount that was written down by an insurer does not count at its full price.
• The 51 percent bar: described above, it makes the fault fight more important in Texas than in California.
• Exemplary damages: these require clear and convincing proof that the harm came from fraud, malice or gross negligence, and a unanimous jury (CPRC 41.003). They are generally capped at the greater of two times economic damages plus noneconomic damages up to $750,000, or $200,000 (CPRC 41.008).
• Insurance: Texas drivers must carry at least $30,000 per injured person, $60,000 per accident and $25,000 for property damage (Texas Department of Insurance).

The deadline to sue in Texas is generally two years from the day the claim accrues (CPRC 16.003).

Why do insurance limits and liens decide what you take home?

A claim can be worth more than anyone can collect. In California, liability policies issued or renewed on or after January 1, 2025 must carry at least $30,000 per person and $60,000 per accident for bodily injury; older policies could carry $15,000 and $30,000 (Vehicle Code 16056). If the at-fault driver has only the minimum, your own uninsured or underinsured motorist coverage may pay the rest; see how much you can get from an uninsured motorist claim.

Some of the money also goes back to those who paid for your care. A California hospital lien is limited to 50 percent of the recovery after prior liens (Civil Code 3045.4). If Medicare paid, it issues a formal demand and generally must be repaid from the settlement (CMS). To see how the pieces become a demand, read how much to ask for in a personal injury settlement.

What to do now

1. Keep getting the treatment your doctors order and keep every appointment.
2. Save every bill, explanation of benefits and receipt, including mileage.
3. Ask your employer for a letter showing missed days and your pay rate.
4. Keep a short weekly note of pain, sleep and things you cannot do.
5. Ask for the at-fault party’s insurance company and policy number in writing.
6. Do not sign a release or give a recorded statement before you know your full losses.
7. Write down the injury date; the deadlines above run from it.

Find out what your claim is worth

If you were hurt because of someone else’s carelessness, call Beverly Law at (310) 552-6959 for a free, confidential review of your claim in English or Spanish. You owe no fees or costs unless we win.

Common questions

Related pages

Personal Injury Questions · How much to ask for in a personal injury settlement · Car accident settlement calculator · California car accident settlement: what to expect · Personal injury questions · Law Blog

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: 2026-11-13.