Valuing Personal Injury Cases: Examples From California

According to an analysis by Maison Law published on JDSupra, personal injury case valuation in California follows a systematic process that combines both tangible and intangible factors to determine fair compensation.

The valuation process primarily focuses on two main categories of damages:

1. Economic Damages: These include quantifiable losses such as:

   • Medical expenses (current and future)
   • Lost wages
   • Property damage
   • Loss of earning capacity

2. Non-Economic Damages: Less tangible but often more significant, including:

   • Pain and suffering
   • Emotional distress
   • Loss of enjoyment of life
   • Impact on relationships

A key consideration in California cases is the state's pure comparative negligence system. As explained in the original article, even if a plaintiff is partially at fault, they can still recover damages, though the amount will be reduced by their percentage of fault.

The article emphasizes that practical factors significantly influence case values, including:

• Insurance policy limits
• The defendant's ability to pay
• Geographic location (urban vs. rural jurisdictions)
• Medical prognosis
• Venue-specific jury tendencies

Importantly, attorneys distinguish between trial value and settlement value, with settlements typically offering lower but more certain compensation compared to potentially higher but riskier trial awards.