Litigation vs Settlement Calculator — California

California follows: Pure comparative negligence — partial recovery even at 99% fault. In modified-51% states, a finding that you're even 51% at fault wipes out recovery completely — that turns trial into a coin flip with a zero downside. In pure-comparative states, you can recover a proportional share even at 99% fault. That single rule shifts the expected-value math by an order of magnitude.

$350,000 non-economic in 2026, escalating $40K/year to $750K by 2033 (AB 35, 2022). Wrongful-death cap rises from $500K to $1M by 2033. Caps directly limit the trial outcome and therefore the settlement leverage. A case with $2M in actual non-economic damages in a $250K-cap state is, for settlement purposes, worth roughly $250K — the defendant knows the ceiling. Caps are usually statutory and survive constitutional challenges, so plan around them, not against them.

33% pre-suit / 40% post-complaint standard for PI; med-mal limited to 25% pre-complaint, 33% post-complaint (Bus. & Prof. § 6146). The expected-value comparison should always use net recovery, not gross — a $500,000 verdict in a 40% contingency state is $300,000 to you (before costs). The settlement offer on the table is usually quoted gross, so do the comparison apples-to-apples: deduct the contingency percentage and any unreimbursed costs from both sides.

Filing fees in California: $435 unlimited civil complaint + $150 jury demand (statewide schedule). Civil cases in Californiatypically take 12–24 months from complaint to trial — and that's before any appeal. Time has a cost: the time-value-of-money discount on a future verdict can quietly close the gap with a current offer.