I was rear ended and got whiplash. How do I know the value of my claim?

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Question:

I was rear-ended and got whiplash.  How do I know the value of my claim?

Answer:

Valuation of an auto accident claim is dependent on numerous factors.  First, an insurer determines the injured party's monetary losses as a result of the accident.  Mental anguish as well as pain and suffering damages, which are difficult to put a dollar figure on, are typically calculated as follows by an insurance company: The insurer's adjuster adds the medical expenses pertaining to the injury (referred to as "specials"), and this amount is utilized to compute the "general damages" which represent non-monetary losses, such as emotional distress damages.  The adjuster will then multiply the amount of special damages depending on how minor or serious the injuries are.  Another element that is taken into consideration when determining the value of one's claim is each party's degree of fault.  The recovery amount will be reduced in proportion to the plaintiff's percentage of comparative fault.  For instance, if the injured party was 20% at fault, his or her damages will be reduced accordingly.

Source: Marcum v. State Auto Mut. Ins. Co., 2005 Ohio 4628 (OH 9/6/2005), 2005 Ohio

Lima v. Marshall, 874 N.E.2d 477, 70 Mass. App. Ct. 424 (Mass. App., 2007)

Talk to a Car Accident Attorney to find out how much money you are entitled to, and how to effectively settle a claim with the insurance company.

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