Hi, I'm Robert Mansour. Sometimes as part of your personal injury claim you might have a claim for lost earnings. Now let me make something clear - you can’t just stay home and not go to work just because you don’t feel well. You have to have a doctor’s note in most cases. Also, you have to be able to prove your lost earnings claim via tax returns, pay-stubs, and bank deposits. If you want to talk about lost earnings as part of your personal injury case, please feel free to contact my office. My name is Robert Mansour and thank you very much for watching.
Many times people call my office and they say, “Rob, how do I know if I actually have personal injury case?” Let me make something very clear: Just because an accident happened doesn’t mean that you have to make a claim. There needs to be a showing that someone was negligent, and that their negligence caused injury to you – and that injury has to be more than a little scratch on your nail! It has to be a compensable appreciable injury. If you want to discuss your personal injury case with me please feel free to contact my office. Thank you very much.
I am currently handling a very interesting case dealing with a hip replacement surgery. My client was involved in a moderate three car accident. His knee jammed into the dashboard which caused the ball of the hip bone to ram into the hip socket.
As the weeks and months passed by after the accident, my client noticed his hip was getting worse and worse. Soon, he was issued a handicap placard for his vehicle and was walking with the assistance of a cane. None of his doctors could figure out what was going on, and he unfortunately endured multiple pain injections, none of which helped him in the long term. It was extraordinarily frustrating for him. He couldn’t even walk with his family without stopping frequently to sit down. It was very painful.
Finally, an orthopedic surgeon took another x-ray and found that his ball and socket were basically bone-on-bone at this point. The doctor explained that when the ball was forced against the socket during the accident, the cartilage was compromised. As a result, the cartilage was obliterated over time, leading to the bone-on-bone condition that was causing the client so much pain. As a result of the car accident, he ended up needing full hip replacement surgery.
If you don’t have liability insurance in California, you are technically not in compliance with California’s Financial Responsibility laws. As a result of proposition 213, passed many years ago, your recovery for personal injury will be limited to your "economic damages." You see, many years ago, tons of people were getting into car accidents and making claims. Many of them didn't have their own insurance. Some argued they were abusing the system. They argued these folks were driving up insurance premiums. Californians were fed up and passed proposition 213 in 1996.
So this basically means if you bring a claim for personal injury, you can only recover your economic damages if you didn’t have liability insurance. Examples of economic damages are lost earnings, medical bills, etc. You are not entitled to non-economic damages, also known as “pain and suffering” damages or "general damages."
Many lawyers won’t take such cases due to the limited recovery. After liens are paid, you could end up with nearly nothing! Basically, if you don’t play by the rules, your claim will be severely limited.
by Robert Mansour
Robert Mansour is a personal injury lawyer serving Santa Clarita, Valencia, Saugus, Canyon Country, Newhall, Stevenson Ranch, Castaic and surrounding communities.