Personal injury affects more than the physical pain caused by an accident. The victim may lose time from work or school, incur significant medical bills, or need a vehicle repaired or replaced. The Long Beach personal injury lawyers at Yagoubzadeh Law Firm can help.
Reimbursement for Lost Wages
A primary aspect of an injury settlement or claim is the damage amount. Typically, a long beach personal injury attorney will work with you on determining what this amount is. This aspect entails losses that are compensable. Lost income should not be overlooked. This category of damage goes beyond the compensation for medical treatments and pain and suffering that stem from an accident. The money lost includes income lost from a job held and reimbursement for missed work opportunities due to the effects of the accident.
The person causing the accident is responsible for reimbursement of lost income resulting from injuries or because of the accident. The income, from time lost because of the inability to work or time missed, because of undergoing treatment for the injury, are included. Reimbursement rights apply to full and part time employees, occasional and regular employment, hourly wage or salaried employees, and those who are self-employed.
A settlement value formula is used to assess special damages. Income loss is added to the derived amount. That amount is where negotiations begin. The individual case facts may increase or decrease the amount. We can also help include the cost of a new replacement Los Angeles car lease, in the final settlement formula.
Taking vacation pay or sick leave for time missed does not matter, even though income was not directly lost. Employees have a right to use vacation time and sick leave when they choose or need to use it. Being forced to use vacation pay or sick leave is the same as losing pay.
Lost Income Documentation
Collecting documentation for lost wages is simple if regularly employed by someone else. The personnel office, boss, or supervisor writes a letter on company letterhead. The letter includes days or hours missed after the accident, rate of pay, your name and position. There is no need for the letter to indicate leave of absence, vacation time, or sick leave taken.
Self-employed or irregularly employed individuals find things are a bit more complicated. Evidence consists of a gathering of copies showing payments received, invoices, billings, or other proof of income earned. A calculation is made based on the amount of work performed and the earnings.
Sporadic work, where most earnings come from work during peak weeks or months with little or no earnings at other times, has a value of earnings during an entire year divided into a monthly or weekly average. Personal tax returns are the best evidence of yearly income. Only the portions of the tax return showing a year’s income needs to be provided. Exemptions and deductions are irrelevant. Two or three years of returns demonstrate the usual yearly income if the previous year’s earnings are unusually low. Evidence from the current year that shows an earning pattern is admissible.
Reimbursement for lost opportunities is possible. Proving lost income because of missing a sales meeting or job interview due to an injury or accident is harder to prove than actually missing work. Even if a specific amount is unattainable, an insurance adjuster knows potential income loss is a valid portion of a claim. The final compensation amount increases when presenting lost potential income as part of a claim. The final compensation relies on the strength of proof and the amount the lost opportunity cost.
Getting Paid for Pain and Suffering
Injured parties receive compensation for medical expenses and lost wages. They are also entitled to compensation for ‘pain and suffering.’ Pain and suffering refers to injuries a plaintiff suffers because of an accident. It encompasses mental and emotional injuries as well as physical pain. Conditions that meet the criteria include inconvenience, worry, grief, insomnia, fear, and a loss of enjoyment. A grant of at least a small amount is likely. Sometimes, the pain and suffering award is quite large.
The rules for determining pain and suffering are not well-defined. Attorneys use one of two methods to calculate pain and suffering damages. The first multiplies the actual damage by a number between one and five. The severity of injury guides the multiplier used. The other method uses a per diem approach. Attorneys ask for an amount such as $100 for every day from the occurrence of the accident to the day of maximum recovery.
Proof of pain and suffering takes many forms. The more evidence there is to support the claim, the better the chance of recovering a satisfactory amount. Personal journals and photographs serve as documentation for the pain and suffering that accompanied an injury. Family and friends provide additional evidence as to how the injury had a negative impact on the plaintiff’s life. A mental health professional providing proof of treatment is helpful.
The Long Beach Personal injury Lawyers at Yagoubzadeh Law Firm help their clients with these issues as well as getting a vehicle replaced or repaired; obtaining no-cost rental car, and getting medical bills paid, that include out-of-pocket expenses.