QUESTION
Am I qualified to get compensation for pain and suffering in car accident?
Asked on Sep 06th, 2013 on Personal Injury - South Carolina
More details to this question:
I moved to another state seeking employment in the health care field. I had put in many applications and was interviewed for a position. I was not given the job due to back pain due to accident. Accident happened before interview. I was told by chiropractor than I would not be able to work for at least one year and to seek another line of work. I will not be able to go back to health care field. Would I be able to claim lost of future wages for at least one year?
11 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan it is your own car insurer that pays your wage loss. To the extent that you have "excess" wage loss (ie: amounts above the coverage you purchased) then you may make such claims against any at fault owner/driver that caused the crash/your injuries. There are other possible No Fault claims vs. your own insurer and possible other claims against any at fault owner/driver which you would also want to explore with any attorney you consult.
Answered on Sep 09th, 2013 at 12:50 PM
Yes you may have to file a lawsuit.
Answered on Sep 09th, 2013 at 12:06 PM
Yes, you can claim lost of future earnings but will have to prove the actual loss. By the time the matter gets to trial it will probably be at least one year post trial anyway. Pain and suffering damages are a separate remedy that cover the pain you have because of the accident and the limitations in your work and living activities.
Answered on Sep 09th, 2013 at 11:59 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Judges and jurors don't care much for chiropractic opinion, if you can document your case with a neuro or other qualified person you might be able to do something but this sort of thing is highly suspect in NC.
Answered on Sep 09th, 2013 at 11:36 AM
Ronald A. Steinberg
In my professional opinion, it is better to work than to wait for a case to resolve. Why? Obviously if you work, you get paid. Law suits do not usually end up as good for the Plaintiff. Juries tend to be very conservative and not very generous. The judges tend to be "bought" by the insurance industry, as a rule, and find all sorts of innovative ways of dismissing cases before trial. Of specific importance here is that if you were so seriously injured, the insurance company would expect you to be treating with an orthopedic surgeon who would be recommending surgery. So treating with a chiropractor does not raise any red flags. If you got hurt at all, then you have a claim for pain and suffering, but it may only be considered a small case.
Answered on Sep 09th, 2013 at 11:30 AM
4 Awards
Based on the information provided, possibly. Although, you would have an obligation to seek employment in a less strenuous job. If there was less pay, you could make a claim for the difference over a work lifetime.
Answered on Sep 09th, 2013 at 9:37 AM
Personal Injury Attorney serving Boise, ID
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Caldwell Law Group, PLLC
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You can generally claim damages that flow from an automobile accident when caused by the negligence of another. These damages can include future lost wages or loss of capacity earn when proved to be reasonably certain to occur.
Answered on Sep 09th, 2013 at 9:31 AM
James Eugene Hasser
Maybe. Pain and suffering are damages which you can recover for injuries caused by the accident. In order to bolster your claim, you probably should have a MD Back up your chiropractor's opinion.
Answered on Sep 09th, 2013 at 8:48 AM
Family Law Attorney serving Glendale, CA
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Oscar E. Toscano, Attorney at Law
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Your loss of earnings is one item of damages. The other is loss of earning impairment. Another element of damages is your pain, your humiliation, embarrassment, mental anguish, etc. Get a good lawyer to help you.
Answered on Sep 09th, 2013 at 8:28 AM
Thomas Edward Gates
No, since you were not employed at the time of the accident you had no future income.
Answered on Sep 09th, 2013 at 7:06 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on how the accident happened. If you were hurt on the job, you would be entitled to workers compensation. If the accident were the result of someone else's negligence, such a s a car accident that is someone else's fault, you might be entitled to lost wages (provided the negligent party has insurance coverage or could afford to pay a judgment). However, if the accident was no one else's fault, just an unfortunate accident where no on e is at fault, or it was your on fault, you would not be entitled to compensation.
Answered on Sep 09th, 2013 at 6:55 AM