What is Being Calculated
This pain and suffering calculator serves as a means to estimate potential damages as a result of a personal injury. Estimates are based of a collection of thousands of personal injury settlements. Analysis of all levels of settlements from $5,000 to $150,000,000 are used to formulate an estimate. Actual settlements vary greatly case by case and no two cases are the same. Find similar cases to yours, either by estimated damages or injury type to increase the accuracy of a potential monetary estimate to your pain and suffering.
How do Settlements Vary by State
Each state employs one of three kinds of negligence law. These determine whether or not you can be compensated for an injury depending on how at fault you were for it. Find out which law applies to you before you estimate your potential damages.
Contributory Negligence
If you live in one of the following states, and had any fault for the injuries that you sustained you will be unable to receive a settlement. Even if you were only 1% at fault. Sometimes contributory negligence can be overcame. These cases tend to occur when you can prove that either the defended had a clear opportunity to avoid the accident or intentionally causes you harm.
- Alabama, District of Columbia, Maryland, North Carolina, and Virginia
Pure Comparative Negligence
If you live in one of the following states you are entitled to compensation relative to how at fault you were. For example if you got in an car accident and sustained $100,000 worth of damages but were 70% at fault would be awarded a settlement of $30,000.
- Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington.
Modified Comparative Negligence
The vast majority of states employ this form of negligence law for personal injury cases. In these states if you were 51% or 50% at fault for your injuries you are likley unable to obtain any financial compensation for your injury.
In these states if you are 49% or less at fault you can file a claim:
- Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, South Carolina, Tennessee, Utah, and West Virginia.
In these states if you are 50% or less at fault you can file a claim:
- Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Vermont, Wisconsin, and Wyoming.
In all states with a modified comparative negligence law settlements are modified based on how at fault you were for the injuries you sustained.
Additional Personal Injury Damages Calculators
| Damage Calculators | State | Asks personal information before it gives an answer |
| Azizi Law Firm | CA | No |
| Maison Law | CA | No |
| Sally Morin Personal Injury Lawyers | CA | No |
| Sam & Ash | NV | No |
| Weinstein Legal | FL | No |
| Brooks Law Group | FL | No |
| The Law Offices of G. Wayne Van Bibber & Associates, PLLC | WV | No |
| Helland Law Group, PLLC | WA | No |
| Toy Law Group, PLLC | TX | No |
| Crossen Law Firm | IN | No |
| Marks & Harrison – Personal Injury Attorney | WA | No |
| High Desert Law, LLC | OR | No |
| The Law Offices of Michael R. Herron | FL | Yes |
| Sawan & Sawan LLC | OH | Yes |
| Shook & Stone Injury Lawyers | NV | No |
| Sasooness Law Group | CA | Yes |
| Knutson Casey PLLP | MN | No |
| Accident Calculator | CA | Yes |
| RequestLegalHelp | CA | Yes |
| Pioneer Legal Funding | PA | Yes |
| Safety Management Group | IN | No |
| Florida Department of Financial Services | FL | No |
| PROtect | KS | No |
| ValChoice | NH | No |
| Phoenix Accident and Injury Law | AZ | No |
| Jefferies Solicitors | WA | No |
| McGRATH GIBSON | FL | Yes |
| After Car Accidents | NA | No |