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LAW OFFICE OF ROBERT MANSOUR

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(661) 414-7100

How to prove lost earnings in a personal injury case.

10/24/2012

 
After a car accident, you might end up losing time from work.  As a result, you may be out hundreds or thousands of dollars.  The insurance company for the other party is not going to pay your lost earnings just because you are a nice person. They are going to want proof of those lost earnings.

First of all, in most cases, the insurance company is going to want to see that a doctor told you to stay off work.  You can't simply choose to stay home and watch "Oprah" reruns on TV because you don't feel good.  Missing one or two days from work won't require much proof but if you allege a week or more, they are going to want to see that you were advised to stay off work.  That means you need to obtain and keep "stay off work" notes from your doctor.  

You should also be prepared to provide a "Lost Wage Verification" of some sort.  Don't sign any authorizations prepared by the opposing insurance company.  You don't want them fishing through your employment records.  Remember, most insurance adjusters are looking for reasons NOT to pay you.  You can have your verification signed by your payroll department, a supervisor, your boss, etc.  The verification is basically a letter containing the following: Your employer's name, dates of employment missed due to the accident, rate of pay, total amount of pay lost, title of the person signing the form, and their printed name and signature.  If there are previous pay stubs showing regular pay, that also might help substantiate your claim.  When there are significant claims for lost earning, tax returns may be necessary to show earning patterns year after year. 

In summary, you need to actually prove your lost earnings claim.  Documentation is key.  Don't depend on the responsible party's insurance company to do this for you.  Remember, they are not there to prove your case for you.  You need to take control of this and be proactive.

If you need help with your personal injury case, give me a call for a free consultation.  My office serves Santa Clarita, Valencia, Saugus, Newhall, Canyon Country, Castaic, Stevenson Ranch and surrounding areas.  Here is a link to my video regarding lost earnings.

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    by Robert Mansour

    Robert Mansour is a personal injury lawyer serving Santa Clarita, Valencia, Saugus, Canyon Country, Newhall, Stevenson Ranch, Castaic and surrounding communities.

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