Getting injured because of someone else’s negligence can turn your life upside down, and one of the biggest questions on your mind is probably, “How much is my case worth?”

The truth is, personal injury settlements in California vary a lot—some cases settle for a few thousand dollars, while others reach six or even seven figures.

In this post, I’ll break down the average personal injury settlement in California, and shed some light on the factors that impact your payout.

Average Personal Injury Settlement In California

The average personal injury settlement in California is around $3000 – $75,000.

Smaller cases (like fender-benders or minor slips and falls) might land in the lower range around $3,000 to $10,000. But for more serious accidents, like a car crash with long-term injuries, settlements can easily hit six figures or even higher.

The settlement amount you’ll receive depends on tons of factors which we’ll talk about in a bit.

Also Read: What Percentage Do Lawyers Take for Personal Injury in California?

California Average Personal Injury Settlement

Average Settlements By Personal Injury Case In California

Here are the settlement averages by the type of personal injury case:

Personal Injury Case

Avg Settlement Amount

Slip and Fall

$10,000 – $60,000

Car Accidents

$5,000 – $25,000+

Pedestrian Accidents

$10,000 – $150,000+

Motorcycle Accidents

$10,000 – $50,000+

Truck Accidents

$100,000 – $500,000+

Bicycle Accidents

$10,000 – $75,000

Dog Bites

$80,000

Construction Accidents

$25,000 – $100,000+

Nursing Home Abuse

$100,000 – $400,000

Medical Malpractice

$200,000 – $400,000

Defective Product

$500,000 – $1,000,000+

What Affects Personal Injury Settlements In California?

Personal injury settlements in California depend on a lot of things. It’s not just about how hurt you are. Here are some of the biggest ones that really impact your final settlement amount:

#1 How Bad Are The Injuries?

This one’s pretty obvious. The worse the injuries, the higher the settlement tends to be.

If you’re dealing with something as simple as a sprained ankle, the settlement is likely to be much lower than if you’ve suffered a serious spinal cord injury or traumatic brain injury.

The more medical treatment you need, the more expensive your medical bills will be, and the higher your compensation is likely to be.

But it’s not just about the physical toll. If your injury affects your life in big ways, like preventing you from working or enjoying hobbies, that will push the settlement amount higher.

#2 Medical Bills (Past, Present, And Future)

Medical bills are a huge factor that affects personal injury settlements in California.

And we’re talking about all of them: bills from the emergency room, follow-up appointments, ongoing treatments, and any future care you might need. If you had to undergo surgery, spend weeks in physical therapy, or take expensive prescriptions, it all adds up.

Also Read: Who Pays Medical Bills In A Car Accident In California?

The more extensive your treatment, the higher those bills will be, and they need to be paid back.

But then, there’s also the cost of future treatment. If your injury requires long-term care, therapy, or medication, those potential future expenses will also be factored into your settlement.

If you’ll need more surgery down the line or a lifetime of physical therapy, that can really increase your settlement.

#3 Missed Work And Lost Paychecks

A big part of your settlement might cover the wages you lost while you were unable to work.

If you’ve had to take time off or miss out on promotions because of the injury, this can impact your settlement. You’ll need to provide proof, like pay stubs or a letter from your employer, showing how much income you’ve missed.

And it’s not just about what you make now. If your injury is going to affect your ability to work in the future or hurt your career prospects, those future lost earnings can also be factored in.

If your injury means you can’t work the same kind of job you used to, that could mean a much bigger settlement.

The more evidence you can provide here, the stronger your claim will be.

What Affects Personal Injury Settlements In California

#4 Pain And Suffering

This is one of those factors that’s a bit harder to measure.

Pain and suffering refers to the physical and emotional distress you’ve experienced as a result of your injury. Things like chronic pain, mental anguish, loss of enjoyment in life, and the impact on your relationships with family and friends are all considered here.

In California, juries sometimes use a multiplier to calculate pain and suffering based on your medical costs.

So, the more severe your injury, the higher the multiplier, which increases your personal injury settlement. Again, the more evidence you can provide here, the better.

#5 Who’s At Fault (And By How Much)?

California is a comparative negligence state, which means that if you’re partially at fault for the accident, that could reduce the amount of your settlement.

For example, if you were injured in a car accident and the other driver was 85% at fault, but you were 15% at fault for speeding, you’ll only get 85% of the total settlement amount.

Also Read: Do I Pay A Deductible If Not At Fault In California?

The clearer it is that the other party was at fault, the better your chances of getting a fair settlement.

But if fault is shared, you’ll have to negotiate to determine how much blame belongs to each party. This can sometimes reduce the amount you ultimately receive.

#6 Insurance Coverage Limits

Insurance coverage limits also affect personal injury settlements in California.

Insurance policies have limits, which means there’s a maximum amount of money the insurer will pay out for a claim.

If you’re dealing with a case where the insurance policy is limited, that could cap your settlement.

Even if you’ve got a solid case, you might hit a wall if the at-fault party’s insurance isn’t enough to cover all your costs. That’s why sometimes people end up going after the individual personally for any remaining amount, especially if it’s a serious case.

#7 Strength Of Evidence

The strength of your evidence is huge. The more solid your proof, the stronger your case.

This could include witness statements, photos from the scene, expert testimony, and surveillance footage. If the evidence clearly shows who’s at fault and how badly you’ve been impacted, you’re likely to get a higher settlement.

But if the evidence is shaky, the other party might try to lowball you.

Bottom Line

The average personal injury settlement is about $3,000 to $75,000 in California. Your injury, medical bills, lost wages, and a ton of other factors will decide your actual settlement.

What’s clear is that the more serious the injury and the better your evidence, the more likely you are to receive a higher settlement.

The best thing you can do is work with a personal injury attorney.

They’ll help guide you through the entire process. They’ll be able to look at all the details of your case, gather the right evidence, and fight for you to get the best settlement possible.

About the Author

Gerald Scher, Attorney at Law

Gerald “Jerry” Scher is a San Jose personal injury attorney with over 30 years of experience. A graduate of Santa Clara University School of Law, he has secured settlements from $5,000 to $1.5 million in personal injury and workers’ compensation cases. Jerry is a member of the American Bar Association and Santa Clara County Trial Lawyers Association.