Negligence Damages Estimator
Estimates total compensatory damages in a negligence case, including economic losses (medical expenses, lost wages, future losses) and non-economic losses (pain and suffering), adjusted for comparative fault.
Economic Damages
Non-Economic Damages
Comparative Fault & Caps
Formulas Used
Future Lost Earning Capacity (Present Value Annuity):
PV = Annual Earnings × [1 − (1 + r)^(−n)] / r
where r = discount rate per year, n = years of loss. If r = 0, PV = Annual Earnings × n.
Pain & Suffering (Per Diem Method):
Pain & Suffering = Daily Rate × Number of Days
Gross Total Damages:
Gross = Total Economic + Total Non-Economic (subject to any statutory cap)
Net Recoverable Damages:
Net = Gross × (1 − Plaintiff's Fault %)
Subject to bar rules: Pure (always recovers), Modified 50% (barred if fault ≥ 50%), Modified 51% (barred if fault > 50%), Contributory (barred if any fault).
Assumptions & References
- Future losses are discounted to present value using a constant annual discount rate (default 3.5%, consistent with U.S. Treasury long-term rates).
- The per diem method for pain and suffering is accepted in many jurisdictions but not all; some courts use a multiplier of economic damages instead.
- Non-economic damage caps vary widely by state (e.g., California MICRA cap, Texas Tex. Civ. Prac. & Rem. Code § 74.301).
- Comparative fault rules follow the Restatement (Third) of Torts: Apportionment of Liability and state statutes.
- Punitive damages, statutory damages, and attorney's fees are excluded from this estimate.
- This tool does not constitute legal advice. Consult a licensed attorney for case-specific guidance.
- References: Restatement (Second) of Torts §§ 903–906; Dobbs, Law of Remedies (2d ed.); 42 U.S.C. § 1983 (civil rights context).