QUESTION

How do I calculate the loss of my job, difficulty in getting a new job given economy and past employer won’t be a good reference for my work quality?

Asked on Nov 30th, 2012 on Personal Injury - California
More details to this question:
I was rear ended while I was eight months pregnant. The car was totalled. I paid $15,000 in meds, on-going physical therapy for shoulder injury. I was laid off and employer said part of reason was because my work performance decreased after accident - he will testify to this.
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13 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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I assume that you are trying to place a dollar amount on the loss of job as part of your claim for your injuries and damages sustained in your car accident. I cannot answer your question about what your job loss is worth or what your total case might be worth without a lot more information. Each case is different and its value is based on its particular facts. A person is entitled to be "made whole" or "compensated" for all injuries and damages they sustained. There are a number of factors that determine what a case is worth. Some of these include, but are not limited to: the nature and extent of the injury; whether an injury is temporary or permanent; your medical expenses; lost wages; and pain, suffering and inconvenience. If an injury is permanent, a person may be entitled to additional money for some or all of these items. As to your job loss, you may not be able to determine an exact amount of what the loss of your job is worth assuming that your job loss is due to your accident-related injuries. What you were making before the accident is one factor you can use until you are able to find new employment. You do need to make, and document, efforts to find new employment. You should make notes of the date and place of everywhere you apply for a job. You may want to consult with a personal injury attorney to discuss your case. Most personal injury attorneys offer a free initial consultation so it will not cost you anything to get more information about your rights and options. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Dec 19th, 2012 at 5:39 AM

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Construction Litigation Attorney serving Mission Viejo, CA at Law Office of Christian F. Paul
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Usually, proof of such losses is left to an expert who can testify to what you would have made if you had not been injured, and what you are making now or could be making if you did your best to get another job, with projections of losses into the future, on top of lost property (the car). You may need other experts concerning the medical problems and bills, and perhaps future problems and costs associated with the incident. You should visit a local personal injury attorney (many give free consultations) and take with you all the evidence you have. The attorney can give you an idea of what you might get for compensation, and may be willing to take the case on a contingent fee basis rather than hourly. You don't mention whether the crash had any effect on your pregnancy, but of course you should discuss that angle with the attorney as well.
Answered on Dec 05th, 2012 at 3:48 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If your boss will testify for you that he laid you off not because your work quality diminished but BECAUSE YOU COULD NOT DO THE WORK. In that case you simply add to the settlement the loss of income you have had. I doubt if your boss will go to bat for you like that. good luck if he will.
Answered on Dec 03rd, 2012 at 6:28 PM

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Environmental Law Attorney serving Auburn, CA
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There are employment experts we lawyers use to come with a number. Retain a good lawyer first. Then they will hire the necessary experts to make sure you have the damages analysis necessary to present to the other side's insurer, or the court if your case has to go that far. If your accident happen in CA, call Brett Rosenthal in my office for a free consult.
Answered on Dec 03rd, 2012 at 6:28 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You need an attorney with all the details in order to be able to get the opinion you are looking for.
Answered on Dec 03rd, 2012 at 6:27 PM

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Ronald A. Steinberg
Apparently, this did not happen in Michigan. However, you will need am expert in employment and economics.
Answered on Dec 03rd, 2012 at 6:27 PM

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Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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Consult an attorney.
Answered on Dec 03rd, 2012 at 6:27 PM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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You should consult with a plaintiff's accident or personal injury lawyer for a thorough evaluation of your cases, including your total injuries, damages and loss of work. Also, you may want to contact the federal EEOC regarding your pregnancy and resulting?layoff.
Answered on Dec 03rd, 2012 at 6:26 PM

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Insurance Coverage Attorney serving Morgantown, WV
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A good personal injury lawyer will use experts who can calculate not only the value of your present losses, but future lost wages due to the injuries from the accident. Schedule a free consultation with an experienced personal injury lawyer today. If it is determined that you have a valid claim, a lawyer should take your case on contingency meaning that if you don't get paid, they don't get paid.
Answered on Dec 03rd, 2012 at 6:26 PM

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Daniel P. Mitchell
You are entitled to recover lost wages resulting from your accident. That is, if you are off work for three months due to the accident, you are entitled to your monthly wages or salary times three. If you have trouble finding a job, your claim for lost wages continues until you do, as long as there is a causal connection to the accident (a bad reference caused by inability to perform your job properly due to the accident would constitute a causal connection). But remember, this is going to be a question of fact - the jury is going to have to decide whether your continued unemployment was really caused by your accident-related injuries, or if you were simply trying to expand your damages by remaining out of work.
Answered on Dec 03rd, 2012 at 6:26 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Engage the services of a vocational rehabilitation counsellor and an economist.
Answered on Dec 03rd, 2012 at 6:25 PM

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Steven D. Dunnings
Hire an attorney. If you had auto insurance, your car insurer should have paid your medical. If you had no auto insurance, you can't sue for anything.
Answered on Dec 03rd, 2012 at 6:25 PM

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Civil Litigation Attorney serving Aptos, CA at Richard E. Damon, P.C.
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It can't really be done. If you do get a new job, you can show how long you were without wages and any reduction in your pay rate at the new job. Otherwise, it is speculative. You may need to hire an "expert" who is a vocational counselor or an economist to explain your damages to a jury.
Answered on Dec 03rd, 2012 at 6:24 PM

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