By The Law Offices of Gerald L. Marcus — Los Angeles personal injury lawyers fighting for the maximum recovery you deserve.
When you’re hurt in a car crash, a rideshare accident, a fall, or any other incident caused by someone else, one of the first questions is, “What is my case worth?”
You may see online “calculators” or hear friends toss out multipliers, but the truth is simpler — and more honest:
Your case is worth what we can prove, explain, and collect.
This guide breaks that down in everyday language. No legal jargon. No fluff. Just what actually affects case value in Los Angeles and across California, what you can do to protect that value, and how we help our clients turn proof into payment.
The Big Picture: 3 Things That Drive Case Value
Every personal injury case sits on three legs, like a tripod. If one is weak, the whole thing wobbles.
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Fault (Liability): Can we clearly show someone else caused your injury by breaking a safety rule (speeding, running a red light, unsafe property, etc.)?
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Harm (Damages): How were you hurt — physically, emotionally, and financially — and how well can we show it?
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Money Available (Insurance/Assets): Is there enough insurance or assets to actually pay the full amount you deserve?
If all three are strong, value goes up. If one is weak, value can go down. Our job is to shore up all three legs from day one.
What “Damages” Really Means (In Plain English)
“Damages” is just a legal word for what the injury cost you. There are two main types:
1) Economic Damages (the money you can count)
These are the out-of-pocket and financial losses with dollar signs and bills attached:
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Medical bills: ER, urgent care, hospital, doctor visits, imaging (X-ray, MRI), injections, therapy, chiropractic, surgery, medications, medical equipment.
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Future medical needs: Ongoing therapy, more imaging, possible surgeries, injections, pain management, mobility aids, home help.
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Lost income: Missed shifts, missed overtime, missed gigs, lost tips, lost bonuses.
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Lower earning power: If you can’t go back to the same kind of work or hours.
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Other costs: Rides to appointments, parking, home modifications, or help with chores you can’t do while you recover.
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Property damage: Vehicle repairs or total loss, tow, storage, rental, rideshare costs while your car is down.
2) Non-Economic Damages (the human side)
These are the very real human losses you feel every day, but they don’t show up on a receipt:
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Pain and suffering
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Emotional stress and anxiety
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Loss of enjoyment (you can’t play with your kids, exercise, travel, or enjoy hobbies like before)
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Inconvenience and daily limitations
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Disfigurement or scarring
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Sleep problems
Both categories matter. Insurance companies often pay attention to economic damages first, but juries and judges care deeply about the human story too. We make sure your full story is heard — not just the bills.
What Raises (or Lowers) Case Value — The Real-World Factors
A) How clear is fault?
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Clear fault (rear-end crash at a light, for example): Value tends to go up.
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Mixed fault (both drivers share some blame): Value can go down, but you can still recover money in California, even if you were partly at fault. Your recovery simply gets reduced by your percentage of fault.
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Multiple people or companies involved: We may be able to collect from more than one insurance policy. That can raise the amount available.
B) The seriousness of your injuries
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Objective proof helps: Imaging (MRI/CT), positive nerve tests, surgical recommendations, and specialist reports build value.
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How long you treat matters: Consistent treatment shows a consistent problem. Long unexplained gaps can hurt value.
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Permanent problems or scars: These usually increase value. So do surgeries or a strong chance you’ll need one later.
C) How the injury changed your life
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Work disruption: Missed time, less pay, or limits on the type of work you can do.
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Daily living: Trouble caring for your home, kids, pets, or yourself.
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Hobbies and joy: If you loved hiking, coaching, dancing, or playing sports and can’t anymore — that’s real.
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Mental health: Anxiety, depression, PTSD-like symptoms — these are real harms that count.
D) Insurance and assets
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Policy limits matter: If the at-fault driver has low policy limits, we look for extra coverage (umbrella policies, employer policies, rideshare policies, landlord/property policies, your own uninsured/underinsured motorist coverage).
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Commercial vehicles and rideshare: Often have higher limits than regular drivers.
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Your own policy: Underinsured motorist (UIM) coverage can be a lifeline if the other side doesn’t have enough.
What You Can Do Right Now to Protect and Grow Your Case Value
1) Get the right medical care early.
Go to the ER or urgent care if needed. Follow up with your doctor. If pain or numbness continues, ask about imaging (like an MRI). Gaps in treatment are red flags to insurers. If you can’t get in to see someone, we help you get to doctors who understand injury cases.
2) Keep it simple: start a note on your phone.
Each day, jot down:
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Pain level (0–10), where it hurts, and what triggers it
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Missed work or activities
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What you can’t do (lifting kids, cooking, driving far, sleeping through the night)
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Appointments and medication side effects
This daily diary turns your pain into proof.
3) Save everything.
Photos, videos, bills, receipts, prescriptions, doctor cards, work emails about missed shifts, text messages about help you needed — it all matters.
4) Take photos early and often.
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Your injuries (bruises, swelling, casts, scars)
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Your car (all angles, inside and out)
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The scene (skid marks, debris, signs, lights, cameras nearby)
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Clothing or gear that got damaged
5) Don’t talk to the other insurance company alone.
They are trained to minimize your case. You don’t have to give a recorded statement. Let us handle communications.
6) Be honest and consistent.
Exaggeration hurts cases. So does “playing through the pain” and acting fine in public. Be real with your doctors, your family, and us.
Common Myths About Case Value (and the Truth)
Myth #1: “My case is worth 3× my medical bills.”
Truth: There is no universal multiplier. Two people with the same bills can have very different values depending on fault, images, recovery, lost work, and the human impact.
Myth #2: “If I wait, the insurance company will offer more.”
Truth: Waiting without a plan can lower value (evidence disappears, witnesses forget, deadlines sneak up). Value rises when proof rises — not just with time.
Myth #3: “The insurance company will be fair if I’m nice.”
Truth: Insurers focus on saving money. Being polite is fine; being prepared and represented is better.
Myth #4: “I wasn’t bleeding, so my case is small.”
Truth: Many serious injuries are inside: disc herniations, nerve damage, shoulder and knee tears, concussions. Imaging and specialists can reveal what ER doctors miss on day one.
Myth #5: “I posted a gym selfie, so I ruined my case.”
Truth: Social media can be twisted against you, but one post rarely decides a case. Be careful, be honest, and let us handle it.
Step-By-Step: How We Build Value Like Pros
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Listen and learn your story. We want the whole picture — not just the crash, but who you are, what you do, and what’s changed.
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Lock down evidence. Photos, cameras, dashcams, 911 calls, witness statements, vehicle “black box” data, police reports, intersection timing — we move fast.
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Map all the insurance. Find every possible policy: at-fault driver, employer, rideshare level, delivery fleet, property owner, your own UIM.
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Coordinate medical care. Help you see the right doctors and get the right tests. Make sure the records reflect your real pain and limitations.
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Track losses. Past bills, future treatment costs, missed income, future income changes — we put numbers to everything that can be counted.
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Tell the human story. Photos, videos, journals, family and coworker statements — we show how your life changed.
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Apply California rules in your favor. We speak the language of adjusters and juries, and we use California law to protect and grow your claim.
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Negotiate hard — and smart. We present a jury-ready demand package. If they lowball, we keep the pressure on with the right legal tools.
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Prepare for trial, always. Ironically, trial preparation often makes settlement more likely and higher.
Simple Examples With Numbers (Illustrations Only)
These are not promises. Every case is different. We’re just showing how the pieces fit together.
Example 1: Rear-End on the 101 (No Surgery Yet)
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ER visit, X-ray, 24 physical therapy sessions, two back injections
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Medical bills (reasonable value): $28,000
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Lost income: 7 weeks at $1,200/week = $8,400
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Future care: Possible third injection + follow-ups = $7,500
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Economic total: ~$43,900
Non-economic (human losses): Chronic pain, sleep problems, no more weekend softball, trouble lifting a toddler. Depending on how well we prove it, and how clean the fault is, this could be tens of thousands to well into six figures.
Things that could raise it: MRI shows a disc herniation compressing a nerve; surgeon says you may need a future procedure; the other driver was texting.
Things that could lower it: Long unexplained gaps in treatment; evidence you were partly at fault; very low insurance limits with no extra coverage.
Example 2: Crosswalk Hit in Koreatown (Surgery)
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Tib-fib fracture with surgery and hardware
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Medical bills (hospital, surgery, rehab): $160,000 (reasonable value)
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Lost income: 12 weeks at $2,000/week = $24,000
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Future care: Hardware removal and PT = $18,000
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Economic total: ~$202,000
Non-economic: Pain, months of immobility, homebound, depression, scarring. This can be high six figures or more depending on proof and jury appeal.
Complication: Two drivers share fault; a small portion is blamed on the pedestrian for looking at a phone. We pursue all applicable policies (including rideshare and any umbrella policies) to reach the true value — not just one low policy limit.
Example 3: Bus Pull-Away Injury (Government Claim)
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Shoulder tear, surgery, ongoing limits
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Medical bills: $132,000
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Future care: $36,000
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Lost income: $24,000
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Economic total: ~$192,000
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Non-economic: Significant daily limitations; lasting weakness
Key risk: Short deadlines when a public entity is involved. Miss an early “government claim” deadline and the case can be dismissed. We move fast so strong cases don’t become worthless because of technicalities.
Timing: When Settling Sooner Makes Sense — and When It Doesn’t
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Too early = too cheap. If you settle before doctors understand your full injury, you may cut yourself short. Once you sign, you can’t go back for more.
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Too late = more stress. Court cases can take time. If your injuries are well understood and the offer is fair, settling can bring relief and certainty.
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Our approach: Build a complete picture first, then push hard. If the defense drags its feet or lowballs, we apply pressure the right way. If they act fairly, we can resolve sooner without sacrificing value.
How Settlements Actually Happen (In Real Life)
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We send a detailed “demand package.” This includes your story, medical proof, bills, future needs, lost income, and plenty of photos and statements.
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Negotiations start. They’ll almost always start low. That’s normal. We negotiate with numbers and facts, not feelings.
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If the offer is still weak, we file suit. Lawsuits are often where value grows because the other side sees we’re serious.
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Mediation or settlement talks. Many cases settle here — because we’ve done the work to prove the truth.
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Trial if needed. We prepare from day one so this is never a bluff.
What About Attorney’s Fees and Medical Liens?
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No win, no fee. We only get paid if we win. Our fee is a percentage of the recovery.
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Medical liens and balances. If your health plan, hospital, or a doctor has a lien, we fight to reduce it so more money goes into your pocket.
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Bottom line: We aim to improve your net — not just the top-line number.
Mistakes That Quietly Kill Case Value (Avoid These!)
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Skipping medical appointments or long gaps without a good reason.
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Toughing it out and not telling your doctor what still hurts.
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Telling the insurance company “I’m fine” when you’re not.
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Posting gym or vacation highlights without context while claiming you can’t work.
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Not calling a lawyer early. The first days matter most for evidence, photos, and witness info.
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Waiting on government cases. Those short deadlines are unforgiving.
Special Situations in Los Angeles We See a Lot
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Rideshare (Uber/Lyft): Coverage levels can change depending on whether the app was on, a ride was accepted, or a passenger was in the car. We line up the timing with the right policy.
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Delivery trucks and fleets: Often higher limits; also more video evidence.
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Dangerous intersections: Cameras, timing data, and city documents can help prove fault.
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Scooter and bike crashes: Helmet use, road design, and driver behavior matter. Photos and route data help.
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Pedestrian crosswalk cases: Witnesses and camera footage are gold. So are medical records that match the mechanism of injury.
FAQs (Quick and Clear)
Q: Is there a simple calculator for pain and suffering?
A: No. Anyone who says otherwise isn’t being straight with you. Pain and suffering depends on your story, your medical proof, and how the injury changed your life.
Q: I was partly at fault — do I still have a case?
A: Yes. In California, you can still recover money even if you were partly to blame. Your amount just gets reduced by your share of fault.
Q: What if the other driver has little insurance?
A: We look for extra policies (employer, umbrella, rideshare, property owner) and also check your underinsured motorist coverage. Many people have more coverage than they realize.
Q: Do I have to go to court?
A: Not always. Many cases settle. But we prepare every case as if it might go to trial — that’s how you get top-tier offers.
Q: How long will my case take?
A: It depends on your medical recovery and whether the insurance company is fair. Smaller cases can resolve in months; bigger or more complex cases take longer. We’ll give you a realistic plan.
Q: How much does it cost to hire you?
A: Nothing upfront. We work on a contingency fee: we only get paid if we win.
Q: What deadlines should I worry about?
A: Most injury cases in California must be filed within 2 years of the injury. Government cases often require a claim within 6 months. There are exceptions, so call us now to be safe.
A Plain-English Checklist to Boost Your Case Value
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See a doctor quickly and follow through.
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Ask about imaging if pain persists.
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Keep a daily journal on your phone.
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Photograph injuries, your car, and the scene.
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Save receipts, work notes, and messages.
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Don’t give a recorded statement to the other insurer.
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Be honest and consistent — with everyone.
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Call a lawyer early to protect deadlines and evidence.
Why Choose The Law Offices of Gerald L. Marcus
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Los Angeles focus: We know the roads, courts, doctors, and insurers here.
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Evidence first: We move fast to grab video, witnesses, and records.
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Doctor network: We help you get the right care and the right tests.
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Full-value approach: We don’t just chase a quick settlement; we build the kind of file that earns respect — and bigger checks.
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No fee unless we win: You focus on healing; we handle the rest.
Ready to Find Out What Your Case Is Worth?
If you were injured anywhere in Los Angeles or across California, talk to us for free. We’ll listen to your story, review your medical situation, and lay out a simple, step-by-step plan to protect and grow your case value. There’s no pressure and no upfront cost — ever.
Call The Law Offices of Gerald L. Marcus now at 818-784-8544 or send us a quick message 24/7.
We’re here to help you take your life back.