Malpractice Settlement Value Estimator
Estimates the potential settlement value of a medical malpractice claim by combining economic damages (medical costs, lost wages) with non-economic damages (pain and suffering), adjusted for liability strength and applicable state caps.
Economic Damages
Non-Economic Damages
Applied to total economic damages. Severe/permanent injuries typically use 3–5; minor injuries 1–2. Many states cap non-economic damages (e.g., CA: $350,000 as of 2023; TX: $250,000 per defendant). Enter 0 if your state has no cap.Liability & Case Strength Factors
Your attorney's estimate of the probability a jury would find the defendant liable (1–100%). Percentage of fault attributed to the plaintiff (0–99%). Reduces the award under comparative negligence rules. Typical discount applied when settling vs. going to trial (0–50%). Defendants often settle for 20–40% below trial value to avoid litigation risk.Formula
Step 1 – Total Economic Damages (E):
E = Past Medical + Future Medical + Lost Wages + Future Earning Capacity + Other Economic
Step 2 – Non-Economic Damages (NE):
NEraw = E × Pain & Suffering Multiplier
NE = min(NEraw, State Cap) [if a cap applies; otherwise NE = NEraw]
Step 3 – Gross Damages (GD):
GD = E + NE
Step 4 – Comparative Fault Reduction:
Net Damages = GD × (1 − Plaintiff Fault %)
Step 5 – Liability Probability Adjustment:
Expected Value = Net Damages × Liability Probability %
Step 6 – Settlement Discount:
Settlement Value = Expected Value × (1 − Settlement Discount %)
Assumptions & References
- Pain & Suffering Multiplier: Courts and insurers commonly apply a multiplier of 1–5× economic damages to calculate non-economic damages. Severe or permanent injuries typically warrant 3–5×; temporary injuries 1–2×. (Jury Verdict Research; RAND Institute for Civil Justice)
- State Non-Economic Caps: Many states cap non-economic damages in medical malpractice cases. Examples: California (MICRA) — $350,000 (2023, rising to $750,000 by 2033 for non-death cases); Texas — $250,000 per defendant, $500,000 total; Colorado — $300,000. Some states (e.g., NY, PA) have no cap. Always verify current state law.
- Comparative Fault: Under pure comparative negligence (most states), plaintiff's recovery is reduced by their percentage of fault. Under modified comparative negligence (some states), recovery is barred if plaintiff is 50% or 51%+ at fault.
- Liability Probability: Reflects the risk-adjusted probability that a jury would find the defendant liable. Attorneys typically assess this based on standard of care evidence, expert opinions, and case facts.
- Settlement Discount: Defendants and insurers typically settle for less than the expected trial value to avoid litigation costs, uncertainty, and delay. Industry data suggests settlements average 20–40% below trial verdicts. (Physician Insurers Association of America (PIAA) Data Sharing Project)
- Economic Damages include all quantifiable financial losses: past and future medical bills, rehabilitation, home care, lost income, and reduced earning capacity.
- This tool does not account for: punitive damages, wrongful death multipliers, structured settlement present-value discounting, attorney contingency fees (typically 33–40%), or defendant insurance policy limits.
- Disclaimer: This estimator is for general educational purposes only and does not constitute legal advice. Consult a licensed medical malpractice attorney for case-specific guidance.