Can I sue in civil court for my lost job and other non personal injury losses?

Question

I am suing the driver of the car who caused the wreck which totaled my car and caused my broken leg. However now I have lost my job as I was on probation and the company can't keep the position open till I return (expected to be 8-10 weeks).

Alexander Gilburg · Answer

You can sue for all damages caused by the accident.

Gregory Janks · Answer

Your claim for lost wages is against your own car insurer per the  Michigan No Fault Law. If there is any excess wage loss over what the  statutory rate/coverage you purchased, you can claim that against the at  fault driver without regard to proving threshold injuries as required  for a pain and suffering recovery.

James Eugene Hasser · Answer

Yes, lost wages directly caused by the accident and your injuries are recoverable.

Ronald A. Steinberg · Answer

You can sue fir almost anything, but you can only collect for the foreseeable damages that you can prove.

Jill K. Whitbeck · Answer

Your lost wages are a part of your claim not the actual loss of the job, but the wages lost as a result of losing your job. However, this opens another legal door depending on your employer. You may qualify for Family Medical Leave Act (FMLA) time off (up to 12 weeks) and your employer is required to hold your job for you while you take this leave. Check with an   employment attorney to determine if your company is required to offer FMLA time off. Also, I am worried about your statement "I am suing " which I interpret to mean you are representing yourself. That is a very big mistake. The person who hit you will have an attorney through their insurance company, and that attorney will use every legal trick in the book to try and get your case dismissed without paying you anything at all. The legal system is full of pitfalls and traps, and the court cannot and will not help you represent yourself. Do not file any lawsuit without an attorney.

Paul Whitfield · Answer

You can sue for your injuries and your loss of income. Get a letter from your employer stating precisely why you were terminated. The insurance company will not believe a word of what you say.

Loren Lambert · Answer

If the car accident was a direct and proximate cause of the job loss, then yes. How long have you been working at this job and how many employees do they have? You may have protection under FMLA or ADA. Be aware that you have to do everything you can to mitigate your damages. That means doing all you can to find a new job as soon as possible.

Brian Goldman · Answer

When you commence a civil suit for injuries sustained as a result of a motor vehicle accident, you are suing for "special damages." Special Damages are damages for conscious pain and suffering, as well as economic loss and property damage. Economic loss would cover loss of earnings. However, New York is considered an "at will" employment state. This means you can be fired at will, without cause. In your personal injury case, if you are unable to work because of the injuries you've sustained, then you can sue to recover the lost earnings. You're going to have to prove that you couldn't work as a result of your injuries and that such inability to work caused you to lose your employment.

Thomas Edward Gates · Answer

You can provide a demand to the other party to pay for lost work and out of pocket expenses.

Hamed Yazdanpanah · Answer

Yes. You could and you should.

Richard Wooster · Answer

Yes, you can sue.  You need to hire a personal injury attorney right away. They can make the best case for you and present it to the insurance company.

Briny Woods · Answer

This can be very frustrating when you did nothing wrong and caused by another party. In your lawsuit, you will have to have to prove the reason you were terminated was due to the automobile accident. This is compensable if you have evidence to prove it.

David Stoddard · Answer

You can sue for the 8 -10 weeks that you cannot work due to the injury. You probably cannot ask for lost wages beyond that because you are able to work and can seek other employment. You also mention other non-personal injury losses, but  do not say what they are.

Myron Tucker · Answer

Yes, loss of earnings and loss of earning capacity are both valid claims.

James Kelaher · Answer

Yes, you can. In Florida, before you can sue for non-economic losses (like your broken leg) you must first have sustained a permanent injury or a permanent impairment. So long as one of your treating doctors is willing to state that, that qualifies you to make a claim for your non-economic damages. You do not have to sustain a permanent injury in order to make a claim for economic damages, which would include your lost time from work, and if the injuries caused by your accident end up costing you your job, your future wage loss.  You do have a duty to mitigate your damages, so if you end up losing your job, start applying for a new job immediately, and keep a record of the places where you apply, so you have evidence of the fact you are trying to mitigate your damages. Your own insurance company, under the PIP portion of your policy, will pay 80% of the medical bills you incur as a result of the treatment you receive for whatever injuries you sustain in the accident, and it will pay 60% of your any wage loss, computed on the basis of your last 13 weeks of employment immediately prior to the accident. The party at fault has to pay the 20% of your medical bills which PIP doesn't pay, and the 40% of your wage loss that PIP doesn't pay. I hope this is clear. If you have any questions this answer fails to answer for you, contact a good personal injury lawyer. Most lawyers who handle personal injury cases work on a contingent fee basis so it won't cost you anything to speak with that lawyer, and you won't have to pay that lawyer unless that lawyer makes a recovery for you from the driver who was at fault. That lawyer shouldn't take any percentage out of the PIP benefits you receive from your own insurance company.

Marc Lazarus · Answer

Yes, your damages include your past and future loss of earnings due to the injuries which you sustained in the collision caused by the other driver. However, you do have a duty to try and mitigate such damages whenever possible though. You need to try and find work as soon as is reasonable in light of your current disability and avoid loses which can reasonably be avoided in order to be able to recover the full measure of the loses which you have incurred and will incur.

J. Michael End · Answer

Yes, your impairment of earning capacity claim will be part of the claim you will make for your injuries (pain, suffering, and disability), medical expenses, and impairment of earning capacity.

Lisa Hurtado McDonnell · Answer

You can ask for lost of wages in your personal injury case, so why file it separately?

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Can I sue in civil court for my lost job and other non personal injury losses?

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