Can I claim for loss of earnings after a car accident?
In the wake of an auto accident, dealing with your injuries and damage to your vehicle can seem overwhelming enough, but being left unable to work can compound any issues stemming from the accident. For this reason, the car accident lawyers under the Ellis Law umbrella are dedicated to protecting our clients’ standard of living by getting them the restitution they deserve after being the victim of a roadway collision.
Liability for damages
If you are fired from your job because you are unable to work after an accident, you may be entitled to damages. The first steps for a personal injury lawyer in filing a claim for lost wages involve establishing the role of the responsible party in the events that unfolded. We work with a network of Los Angeles accident scene evaluators, private investigators and other specialists to form a clear picture of the incident as well as the factors that led up to it.
Once we establish that the actions or inactions of the responsible party directly led to the loss of your ability to work, we can work on your behalf to seek out restitution for your lost earning potential. These types of compensation can be separated into two basic categories: one is known as “special damages” and the other type is classified as “general damages.”
Special damages vs. general damages
The category of special damages covers immediate loss of earning potential, including missed wages, profits, benefits, and business opportunities. When filing a suit for special damages against a driver or insurer, you are seeking out an amount that replaces the income that you almost certainly would have earned if you were not injured in a car accident, and this figure is calculated from the time of the accident until your condition stabilizes.
Drivers and passengers that become the victims of a roadway collision due to no fault of their own may also be entitled to general damages, which represent compensation for loss of future earnings and overall earning capacity. Your ability to obtain general damages depends on showing you had a high likelihood of earning that money on your current career path, as courts evaluate general damages by comparing your abilities before and after being injured.
At Ellis Law, we specialize in ensuring your right to restitution is represented in these cases. Our associated physicians, chiropractors, physical therapy professionals, workplace evaluators, and other specialists can work to show both apparent and unseen damage sustained in the collision, both making your injuries clear to all parties and delivering a realistic prognosis for returning to your normal work duties if possible.
A thorough methodology
Our meticulous approach to navigating personal injury cases is at the root of our success. We will work closely with medical staff to obtain all the necessary documentation to prove your inability to return to work effectively, including a note from your doctor as well as disability slips and any relevant medical records. We will also remain in constant contact with your employer to confirm your termination and the potential income you have lost.
Another factor your car accident lawyer will work to address is your duty to mitigate. Victims of accidents who have lost their jobs to their injuries are required to seek out suitable work as soon as they are able, and the amount of your settlement could be severely impacted if you cannot prove that you are too injured to work. That’s why our legal team works tirelessly to ensure that you can concentrate on your recovery for as long as is required.
Our multifaceted defense strategy includes carefully documenting your treatment, showing that you are on the road to recovery while highlighting the true extent of your injuries.
If you have sustained injuries in an auto accident which has necessitated that you take time away from work, the physical pain can pale before the emotional anguish of being unable to provide for your own needs. Accident victims in Los Angeles have been turning to us in their most difficult times because of our commitment to engineering the best possible outcome for those we serve. Call today for a free consultation with a personal injury lawyer at Ellis Law.