How Much Is My Personal Injury Case Worth? What Sets the Number

Your personal injury case is worth your documented losses plus pain and suffering, cut by your share of fault, then limited by any damage cap and by the insurance available to pay. At 30% of the fault, $100,000 in damages becomes $70,000 in California or Texas and usually nothing in Maryland.

This article is general legal information, not legal advice. Laws vary by state and situation, and reading it does not create an attorney-client relationship. For advice about your case, talk to a licensed attorney.

Key takeaways

• California subtracts your percentage of fault with no cutoff. Texas, Florida, Illinois and Pennsylvania pay nothing once you're more than 50% at fault, and Colorado stops at 50%.
• New York's Civil Practice Law and Rules (CPLR) 1411(b) bars a crash injury claim under the no-fault law when you're more at fault than the people you sue. It applies to suits started on or after May 26, 2026.
• California's jury instruction on pain and suffering says "No fixed standard exists" for the amount. None of the statutes or jury instructions cited here sets a multiplier or a daily rate.
• Maryland caps pain and suffering in ordinary injury cases at $980,000 for claims arising from October 1, 2026 through September 30, 2027. Colorado's cap is $1,500,000.
• The standard minimum auto liability coverage is $30,000 per injured person in Texas and California; California's low-cost program allows $10,000. Florida requires none for injuries to others to register a car.

How much is my personal injury case worth? Start with documented losses

Every valuation starts with losses you can prove on paper. Ohio's damages statute lists what counts as "economic loss": wages, salaries or other compensation you lost, what was spent on medical care, treatment and rehabilitation, and any other expenditures the injury caused, apart from attorney's fees (Ohio Rev. Code 2315.18(A)(2)). Ohio puts no cap on this part.

Future losses count if you can prove them. The Judicial Council of California's civil jury instruction on medical expenses (CACI No. 3903A) asks for the reasonable cost of care you are "reasonably certain to need in the future," so your medical records need to support it.

The billed amount isn't always the one that counts. In Texas, recovery of medical expenses "is limited to the amount actually paid or incurred by or on behalf of the claimant" (Tex. Civ. Prac. & Rem. Code 41.0105). Other states differ, so ask which figure applies in yours.

Bills, pay records and receipts add up to your economic loss, the floor of the claim.

How is pain and suffering valued?

Pain and suffering is harm with no receipt, and no statute cited here prices it. California tells jurors: "No fixed standard exists for deciding the amount of these noneconomic damages. You must use your judgment to decide a reasonable amount based on the evidence and your common sense" (CACI No. 3905A). Ohio's definition of "noneconomic loss" includes pain and suffering, loss of companionship, disfigurement, mental anguish "and any other intangible loss" (Ohio Rev. Code 2315.18(A)(4)).

Calculators that multiply your medical bills by some number, or price each day of pain, borrow shortcuts that insurers and lawyers may use to open a negotiation; none of the laws cited here requires either method. Our Personal Injury Settlement Estimator applies a multiple based on injury severity and subtracts your share of fault. Its range is a starting point that knows nothing about your state's cap or the other side's insurance.

Punitive damages are a separate category that ordinary carelessness doesn't reach. Colorado allows them only where the injury was "attended by circumstances of fraud, malice, or willful and wanton conduct," and generally limits them to the amount of your actual damages (C.R.S. 13-21-102).

## Your share of fault: the same $100,000 in eight states

If $100,000 in damages is awarded in a lawsuit against one defendant and you're found 30% at fault, you receive $70,000 in California, New York, Texas, Florida, Illinois, Pennsylvania and Colorado, and nothing in Maryland. At 55% you receive $45,000 in California and in most New York injury claims, and nothing in the other six states or a New York crash suit under the no-fault law. A jury, or an adjuster predicting one, sets the percentages; the dollar amounts apply each state's rule to that award.

State	Fault rule and cite	At 30% fault, $100,000 becomes	At 55% fault, $100,000 becomes
California	Damages drop by your percentage; no cutoff (Li v. Yellow Cab Co. (1975) 13 Cal.3d 804; CACI No. 405)	$70,000	$45,000
New York, most injury claims	Damages drop by your percentage; no cutoff (CPLR 1411(a))	$70,000	$45,000
New York, crash injury suits under the no-fault law, started on or after May 26, 2026	Barred if your fault is greater than the defendants' (CPLR 1411(b))	$70,000	$0
Texas	Barred above 50% (Tex. Civ. Prac. & Rem. Code 33.001, 33.012)	$70,000	$0
Florida, negligence suits filed after March 24, 2023	Barred above 50%, except medical negligence (Fla. Stat. 768.81(2), (6); ch. 2023-15, Laws of Fla.)	$70,000	$0
Illinois	Barred above 50% (735 ILCS 5/2-1116)	$70,000	$0
Pennsylvania	Barred if your negligence is greater than the defendants' (42 Pa.C.S. 7102(a))	$70,000	$0
Colorado	Barred at 50% or more (C.R.S. 13-21-111)	$70,000	$0
Maryland	Any fault of your own bars the claim (Coleman v. Soccer Ass'n of Columbia (Md. 2013))	$0	$0

At exactly 50%, the cutoffs part ways: Texas, Florida, Illinois, Pennsylvania and a New York crash suit would still award $50,000, while Colorado awards nothing, because your negligence has to be "not as great as" the defendant's.

New York split its fault rule in 2026, when the budget law (L. 2026, ch. 58, part EE) added CPLR 1411(b). Damages for a fall in a store are still reduced by your percentage, but a crash claim under the no-fault law is barred when your fault is greater than that of the people you're suing.

New York crash claims already had a threshold: pain and suffering is recoverable from another covered driver only for a "serious injury" (Insurance Law 5104(a)). The 2026 law also narrowed that definition by removing the category for non-permanent injuries that kept you from substantially all of your usual daily activities for at least 90 of the first 180 days (5102(d)).

In a Florida medical negligence claim, 55% fault still leaves you $45,000. Maryland's rule is called contributory negligence; its high court declined to drop it in 2013, and the legislature has left the rule in place. Maryland courts recognize an exception known as "last clear chance."

Damage caps in five states

California, Texas, Colorado, Maryland and Ohio cap the pain-and-suffering part of an award, often only for certain kinds of case. The judge applies the cap after the verdict (Maryland and Colorado juries aren't told it exists), so both sides negotiate with it in mind.

State and cite	Cases covered	Cap on pain and suffering
California (Cal. Civ. Code 3333.2)	Medical malpractice, injury not involving death	$470,000 in 2026 and $510,000 in 2027; rises $40,000 each January 1 until it reaches $750,000
Texas (Tex. Civ. Prac. & Rem. Code 74.301)	Health care liability claims	$250,000 per claimant against doctors and other providers; $250,000 per hospital or other institution, $500,000 for all institutions combined
Colorado (C.R.S. 13-21-102.5)	Injury claims other than medical malpractice and wrongful death	$1,500,000 for claims that accrue on or after January 1, 2025; first inflation adjustment January 1, 2028
Maryland (Md. Code, Cts. & Jud. Proc. 11-108)	Personal injury and wrongful death, other than medical malpractice	$965,000 for claims arising October 1, 2025 through September 30, 2026; $980,000 for the next 12 months; $995,000 from October 1, 2027
Ohio (Ohio Rev. Code 2315.18)	Most tort claims; not medical, dental, optometric or chiropractic claims, wrongful death, or suits against the state or local governments	The greater of $250,000 or three times your economic loss, up to $350,000 per plaintiff and $500,000 per occurrence; no cap for certain permanent, catastrophic injuries

California's figure applies separately to three groups of defendants (providers, institutions, and unaffiliated providers or institutions), and the amount in force on the date of the judgment, arbitration award or settlement controls. For a death, the limit is $650,000 in 2026 and $700,000 in 2027.

In a Maryland wrongful death case with two or more beneficiaries, the limit is 150% of Maryland's cap: $1,470,000 for claims arising October 1, 2026 through September 30, 2027.

Medical malpractice has its own, lower limits in Maryland and Colorado. Maryland's is $920,000 for claims arising in 2026 and $935,000 in 2027 (Cts. & Jud. Proc. 3-2A-09). Colorado's is $530,000 for acts in 2026 and $645,000 in 2027 (C.R.S. 13-64-302). Colorado's general cap doesn't limit damages for physical impairment or disfigurement.

None of the five statutes in the table limits documented economic losses. Texas and Colorado do have separate limits on total damages in some medical cases (Tex. Civ. Prac. & Rem. Code 74.303 for death claims against health care providers; C.R.S. 13-64-302 for medical malpractice). Other states' rules differ.

## What can actually be collected: the insurance ceiling

After a car crash, the money usually comes from the at-fault driver's liability insurer, and the legal minimums are low.

State	Minimum coverage for injuries to other people	Source
California	$30,000 per person, $60,000 per crash, for policies issued or renewed on or after January 1, 2025; $10,000 and $20,000 under the state's low-cost program	California Department of Insurance; Veh. Code 16056
Texas	$30,000 per person, $60,000 per crash	Texas Department of Insurance; Transp. Code 601.072
Florida	None to register a car. Required: $10,000 of personal injury protection for your own injuries and $10,000 of property damage liability	Florida Highway Safety and Motor Vehicles; Fla. Stat. 627.736

If your damages are $100,000 and the driver who hit you in Texas or California carries only the standard minimum, that policy pays at most $30,000 for your injuries. A policy from California's low-cost program for income-eligible drivers pays at most $10,000. You can sue the driver for the rest, though collecting from someone with few assets is hard.

In Florida the at-fault driver may have no injury liability coverage at all. Your own personal injury protection pays 80% of necessary medical expenses up to $10,000, whoever caused the crash. The limit is $2,500 unless a physician, dentist, physician assistant or advanced practice registered nurse finds an emergency medical condition, and the first treatment has to come within 14 days (Fla. Stat. 627.736(1)).

Uninsured and underinsured motorist coverage (UM/UIM) on your own policy can fill part of the gap. The Texas Department of Insurance says it pays when the driver who hit you had no insurance or not enough, and after a hit-and-run. Insurers in Texas and California must offer it and you can turn it down only in writing, so check your policy.

Commercial trucks fall under separate federal insurance rules, which our guide to truck accident claims explains.

What you keep after fees, liens and taxes

The settlement figure isn't your check. Your lawyer's fee and case costs come out of it, and so can liens from a health plan, Medicare or Medicaid that paid for your treatment. Our guide to how contingency fees work goes through that math, and how personal injury settlements work follows the money from demand letter to payment.

Federal income tax usually takes nothing. Damages received "on account of personal physical injuries or physical sickness," by lawsuit or settlement, are excluded from income (26 U.S.C. 104(a)(2)). IRS Publication 4345 lists what stays taxable: punitive damages, interest, and any part that repays medical expenses you deducted in an earlier year and got a tax benefit from.

When to have a lawyer value the claim

Get a lawyer's number before you sign a release if any of these is true:

• The insurer says you were partly at fault and your state has a 50% cutoff or follows contributory negligence.
• Your losses are near or above the at-fault driver's policy limit, so UM/UIM coverage or other defendants matter.
• The injury is permanent or will need future care. A release ends the claim, so that care has to be priced first.
• The claim is against a doctor or hospital, where a cap may apply.

Deadlines keep running while you negotiate. Get a first read on yours from the Statute of Limitations Checker; what starts and pauses the clock is in our guide to personal injury filing deadlines by state. To compare firms, find a personal injury lawyer near you.

Frequently asked questions

Do insurance companies use a formula for pain and suffering?

Insurers and lawyers may start from a multiple of your medical bills or a daily rate, but none of the laws cited in this guide requires either one. A California jury is told that "No fixed standard exists" for the amount and that it must use its judgment and common sense.

Can I get compensation if I was partly at fault?

In seven of the eight states this guide covers, yes, with a reduction. California reduces your award by your share of fault however large, and so does New York outside crash suits under its no-fault law. Texas, Florida, Illinois and Pennsylvania do the same until your share passes 50%, then pay nothing; Colorado's cutoff is 50%. In Maryland, any fault of your own generally defeats the claim.

Is a personal injury settlement taxable?

Usually not at the federal level. Under 26 U.S.C. 104(a)(2), damages for personal physical injuries or physical sickness are excluded from income. IRS Publication 4345 says punitive damages and interest are taxable, and so are emotional distress damages that don't come from a physical injury, apart from amounts paid for medical care.

What if my damages are more than the other driver's insurance?

The at-fault driver's insurer pays only up to the policy limit. Beyond that, look to your own underinsured motorist coverage, to any other party who shares the blame, and to the driver's personal assets. Ask the insurer in writing for the policy limits.