How do I determine damages for a car accident claim that wasn't my fault?

One of the pivotal elements in an auto accident claim is fault.  Typically, it is the driver at fault who is required to compensate the injured party for the damage suffered.  Some states maintain a contributory negligence regime where if the injured party was even slightly at fault for the accident, he or she is barred from recovery.  The majority of states, however, follow the comparative negligence standard so that an injured party may still recover even if he or she was also negligent and responsible for the accident but will have his or her damages reduced by his or her percentage of fault. 

In states that have adopted the proportional comparative fault at 51% model, an accident victim who is more than 51% responsible for the accident cannot recover damages from the other driver.  To calculate damages for an auto accident claim that wasn't your fault, first add up your special damages which include loss of earnings, property damage and medical expenses.  This total will be used as a base for determining the amount of general damages you suffered. 

Special damages include emotional distress, humiliation, loss of enjoyment of life, loss of consortium and pain and suffering.  These usually depend on the prognosis for the injury, the extent of the pain, and the type of injury.

Source: Bell v. Misenheimer, 285 S.W.3d 693 (Ark. App., 2008)

Barton v. State, No. 61015-5-I (Wash. App., 2008)

Talk to a Car Accident Attorney to find out what damages you are entitled to, and how much you should expect to get.