Bodily Injury Claim Evaluation Flashcards

When evaluating a bodily injury claim, which of the following are considered 'special damages'?

Answer: Medical bills and lost wages

Special damages, also known as economic damages, refer to the specific, quantifiable monetary losses incurred by the claimant. These include medical expenses, lost income, and property damage, as they have a clear dollar value that can be documented with bills and receipts.

An adjuster is using the 'multiplier method' to evaluate the general damages portion of a bodily injury claim. This method involves multiplying the claimant's total special damages by a number, typically between 1.5 and 5. What is the primary factor used to determine the specific multiplier?

Answer: The severity and long-term impact of the injuries

The multiplier in the multiplier method is determined by the severity of the injuries. More severe, permanent, or debilitating injuries that have a significant long-term impact on the claimant's life warrant a higher multiplier (closer to 5), while minor injuries with a quick recovery would use a lower multiplier (closer to 1.5).

A claimant was involved in a rear-end collision and is claiming a soft tissue neck injury. They waited three weeks before seeking any medical treatment. From an adjuster's perspective, what is the MOST likely complication this delay will introduce to the claim evaluation?

Answer: It will raise questions about the causation of the injury.

A significant delay or gap in seeking medical treatment can create doubt as to whether the accident was the direct cause of the claimed injuries. The adjuster will question if the injury was caused by a separate incident during the three-week delay, which complicates the evaluation of causation, a key element of any claim.

In the context of a bodily injury claim, which of the following is the BEST definition of 'general damages'?

Answer: Non-economic losses such as pain, suffering, and emotional distress.

General damages compensate a claimant for non-monetary losses that are subjective and do not have a specific invoice amount. These include physical pain and suffering, emotional distress, loss of enjoyment of life, and other impacts on the claimant's quality of life.

An adjuster receives a bodily injury claim from an auto accident. The police report clearly indicates the insured was 100% at fault. The claimant has significant, well-documented injuries and medical bills exceeding the insured's policy limits. What is the primary constraining factor for the adjuster when determining the settlement offer?

Answer: The liability limits of the insured's policy

While all factors are considered in the overall evaluation, the adjuster's ability to pay is ultimately constrained by the liability limits of the insured's insurance policy. The adjuster cannot offer more than the maximum coverage amount purchased by the policyholder, regardless of the total value of the claimant's damages.

Which of the following must be proven by the claimant to have a successful bodily injury claim?

Answer: The defendant owed a duty of care and breached that duty, directly causing the injury.

For a personal injury claim to be successful, the claimant must establish three key legal elements: that the defendant owed them a duty of care (e.g., to drive safely), that the defendant breached that duty through negligence, and that this breach was the direct cause of the claimant's injuries and damages.