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    jinglebells988's Avatar
    jinglebells988 Posts: 2, Reputation: 1
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    #1

    Aug 26, 2013, 05:29 PM
    how would insurance company adjuster figure the loss in personal injury?
    Hello, can someone who works in insurance adjusting explain to me how I might figure out how much to ask for in a claim for special, general, and aggravated damages where we have actual financial losses, counselling needed for emotional trauma to children involved (ages 9 boy and 11 girl) and reasonable evidence to show malice and intent to cause harm (I'm not worried about odds whether we would win if this went to litigation or not, I am simply asking how does an insurance adjuster take a look at a personal injury and decide what value to place on things like the general and aggravated damages?) And if we find out what the max amount of their liability policy is for, do multiple counts of injury count as separate claims for the max (if we are anywhere near asking that, I don't know and I am not in any way greedy, I just want to know what is usual or expected so if I ask I may get it, if I don't ask I never will and may look like an idiot who didn't know I could.)

    I am in the state of Washington.

    The losses are towards a municipality's insurance company and a tort claim for misconduct of a policeman, maybe mailcious prosecution, abuse of process. We had several false criminal charges brought against me and my hubby and policeman has sworn statement of evidence later shown not to exist, so I guess that's more or less perjury. We got citations in mail and they didn't explain what the reasons were for the crimes, only what law they supposedly broke, which it was obvious to us we hadn't done anything and certainly hadn't done it several times.

    Still went to arraignment and was dismissed with no probable cause. Cost us defense costs, time off work, and the event happened in front of our kids at school event. (Involves long story of friend of this cop who doesn't particularly care for us.) We were taken away by police (though not arrested) Also, hubby's job requires security clearance and we had no records before this and in fact this also was not any crime except policeman trumped it up because of personal bias. Now there is this 'record' under our names in court files available on the internet for anyone to see us as defendants in crimes. It doesn't say dismissed only 'case closed' Policeman also threatened repeatedly to throw us in jail if we did such and such or this or that, all of which were not crimes, but he intimidated us into thinking they were, claimed they were. He also knew we had no one to watch our kids for several states away relatives lived and if we both were in jail our kids could be taken away we feared. We have been afraid to set foot in that town or school ever since, though our kids still attend were forced to go there and watch our backs. Adults shouldn't burden kids, but we were forced to tell kids what was going on so they would know why we couldn't go to this or that activity, to know what to do (call Uncle Joe) if we were arrested. The kids also now no longer trust cops, a damage that will last them a lifetime (good or bad?)

    Except now the policeman has been fired by the City.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Aug 27, 2013, 06:24 AM
    You were given summons to appear in court and charged with a crime.
    There was no evidence and charges were dropped?

    I am having a hard time seeing damages here ?
    There is no criminal record if charges were dropped , has no effect on security clearance

    Perhaps 20 to 25 percent of people arrested are latter let go or found not guilty, this does not give them any legal position to file law suit.

    If a specific officer, lied, there may be a case against him, but there will have to be a history of this, or evidence the department should have known it was false to include them in ( well you can include them to start, but I do not see it going anywhere.

    Also if you don't have an attorney, and it sounds like you don't, it would be a waste of time even starting

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