Call Now (661) 414-7100
Santa Clarita Car Accident Attorneys - Call (661) 414-7100
  • Home
  • About
    • Client Reviews
    • Fees and Policies
  • Cases We Handle
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Bicycle Accidents
    • Brain Injury Cases
    • Wrongful Death
    • Spinal Cord Injuries
    • Estate Planning
  • Resources
    • Videos
    • Blog
    • Library
    • FAQ
  • FREE CASE EVALUATION
  • Contact
  • Home
  • About
    • Client Reviews
    • Fees and Policies
  • Cases We Handle
    • Car Accidents
    • Motorcycle Accidents
    • Pedestrian Accidents
    • Bicycle Accidents
    • Brain Injury Cases
    • Wrongful Death
    • Spinal Cord Injuries
    • Estate Planning
  • Resources
    • Videos
    • Blog
    • Library
    • FAQ
  • FREE CASE EVALUATION
  • Contact

Law Office of Robert Mansour

Library Articles

Some thoughts on bringing a lost earnings claim

5/24/2015

 
VIDEO TRANSCRIPT:  Hello, everyone. This is Robert Mansour, and I want to spend a few minutes today talking about proving lost earnings in relation to a personal injury accident. Let's say you get into a car accident and you can't work as a result of the accident. Here's how it works. If you're only going to allege $200 or $300 in lost earnings, the insurance adjuster for the responsible party is probably not going to give you a hard time, but the more money you ask for, the more information they ask for. If you start to ask for $5,000 in lost earnings, $10,000 in lost earnings, you're going to have to provide a few things.

Number 1, you're going to have to provide evidence that you were consistently earning something and then there was a big drop after the accident. How do you prove that? Number 1, you have to have consistent earnings. If you're the kind of person who has roller coaster earnings, it's very difficult to prove lost earnings. It's an extreme uphill battle when it comes to a small business or a sole business and you have to prove steady earnings for a period of time. Contrast that to somebody who gets paid the same every 2 weeks. That person might be able to show a very big drop.

The other thing you need is you need to show that a doctor told you to stay off of work. In most cases, you're going to need to prove that a physician told you, "Listen, you need to stay off work," and that's with a doctor's note. If you want to stay off work, you better ask for that doctor's note. Sometimes the doctors don't think to give it to you, you have to actually ask for it. If you need to renew it, you have to renew it, because there's usually an expiration date. You can't just get the note and say, "Aha, I'm going to sit and watch TV all day." That's not going to work.

The other thing is the more you ask for, the more documentation they're going to need. They might start to want to see your books. They might want to see all your bookkeeping, your tax returns.  They might want to see all of that information for several years back. If you're not too excited about people looking through your tax records, people looking through your books, you may not want to bring a lost earnings claim. It might be more headache than it's worth.

Also, I have seen situations where the request for lost earnings proves to be a "sideshow" that distracts from the main issue, which is the person was injured and got hurt. All of a sudden, it detracts from that portion of the case, which is more important in many cases. If you're going to bring a lost earnings claim, think long and hard about whether you really want to go through the hassle.

This has been Robert Mansour on a brief video here about lost earnings. Thank you very much for visiting, and I hope I can be of assistance. Feel free to call my office if I can be of any help in your personal injury case. Thank you very much.

Things I need to know about your accident

5/4/2015

 
When I first meet with a client, it is important to gather all the important information.  While many factors are important, here is a discussion of some of the most important issues.

First, I need to know when the accident happened. If it happened a long time ago, my concern is what has been going on since then. Have you just been sitting at home? Have you been seeking medical care? I need the client to fill me in from the date of the accident to the time they visit with me.  Generally, I'm concerned when a client calls me weeks or months after the accident. To be honest, I like to be brought aboard soon after the accident so I can best guide and advise the client. However, every case is different and I would encourage someone to seek legal counsel anyway. 

Also, I need to know when the accident happened so I can be aware of any statute of limitations issues. The statute of limitations is the time within which a lawsuit must be filed or your claim will probably be barred. I also need to know where the accident happened. This will help me determine which court will probably host the trial for the case. Most cases don't go to trial, but it's good to know which courthouse might be involved. Certain jurisdictions are traditionally liberal while others are traditionally conservative. It is good to know whether or not your potential jury pool will be liberal or conservative. 

I also need to know how the accident occurred. I need to know who was at fault and how it happened. It's helpful to have a police report which points the blame squarely on the responsible party. If you are found at fault, or even if liability is disputed among the parties, then we have to ask ourselves whether it is worth the time, energy, and money to fight the claim. It probably doesn't make sense to spend $10,000 or $15,000 trying to prove a $5000 claim. 

Next, I need to know what happened to your body in the car crash. This is important to determine the "mechanism of injury." All insurance adjusters are concerned about mechanism of injury. In other words, if you claim injury to your knee, it begs the question: How was your knee injured? The answer can't just be: "Because I was in an accident."  Did you twist your knee? Was it hit from the side? Did your knee hit the dashboard? If you're claiming injury, you need to explain how the injury occurred. The mechanics of the accident and how your body reacted to the accident are important. The mechanism of injury is very important to the insurance adjuster. In fact, if they don't believe your injury, they will often argue there was no "mechanism for injury."

Then I need to know how much property damage there was to your car. This has become increasingly important as insurance companies fight injury claims.  Think about it - if you are claiming significant injury but there's only a little scratch or dent to your car, and adjuster and the jury will probably have a hard time believing you were injured.  However if the entire rear of your vehicle was crushed, that is something much more compelling and convincing. I can tell you unequivocally that this issue of property damage influences adjusters and juries perhaps more than any other issue. I hate to say it, but no matter how hard the impact felt to you, if the adjuster or a jury can't easily any appreciable damage to the rear of your vehicle, then you have an uphill battle. 

Next, I would like to find out what happened immediately after the accident. Were you taken away by ambulance? If so, it is generally more believable that you were injured. After all, why would anyone willingly take an ambulance ride to the hospital unless they were indeed injured? Insurance adjusters use the absence of emergency transportation as evidence that you were probably not injured in the accident. Conversely, they often consider emergency transportation as evidence that you were indeed injured. 

Also, I look to see if the police report documented any complaints of injury at the scene. If there were complaints at the scene, and they are consistent with your later claims, it is more convincing to an insurance adjuster. Therefore, it is in your best interest to tell the police officer what injuries you had so they are properly documented in the police report. It will serve you well later and add credibility to your claim. 

If you were injured in an accident, it is important for me to find out what subsequent care you received. Did you follow through with the recommendations of the emergency room doctor?Insurance adjusters are an inherently suspicious bunch. They deal with exaggerated claims all the time. If you were referred for physical therapy, make sure you follow through. If you fail to follow through or miss scheduled appointments with doctors, that will be used against you. 

Your medical history is also important. If you are claiming back pain from an accident but you have a history of back pain, you can bet that your previous condition will be used against you. Of course, you will likely argue that your previous condition made you predisposed to injury. However, that won't stop the insurance company from arguing that your current complaints are probably related to your previous injury and have nothing to do with the auto accident. Do not hide your medical history from your attorney. It is very important. 

Also, it is important to know what kind of insurance is involved in the case. The types of insurance available may help dictate how we approach your particular case. We may choose to use your car insurance or perhaps your health insurance instead. In some cases, people have medical payments coverage available under their insurance policies. It might be better to use that to pay the medical bills. Also, you need to check if you have uninsured motorist in case the other party was uninsured at the time of the accident or didn't have enough insurance at the time of the accident. Make sure you show your attorney your "declarations page" which contains a summary of all the insurance available to you on your auto insurance policy.  If you don't have your declarations page, call your insurance company and they should send you a replacement declarations page.

We also need to consider how we are going to pay for the treatment you might need in your case. Perhaps we should use the health insurance you have. However, keep in mind that whatever resource you use, they may have a right to reimbursement. We have to enter into these decisions carefully. If you had no health insurance at the time of the accident and incurred medical bills, there may be limited options. In some cases, your attorney might be able to get the health care providers to hold off before sending you to collections.  This doesn't work in every case but it's certainly worth trying.

This was a snapshot of the types of issues I think about when approaching an accident case. There are other concerns of course, but these are some of the most important.  If you've been involved in a serious accident and you have questions, please call (661) 414-7100.

    Categories

    All
    Alternative Dispute Resolution
    Attorneys
    Automobile Insurance
    Basic Speed Law
    California Vehicle Code
    Car Insurance
    Car Rental
    Consultation
    Damages
    Eye Injury
    Fractures
    Health Insurance
    Injuries
    Insurance Adjusters
    Insurance Companies
    Insurance Company
    Insurance Coverage
    Lawsuits
    Lawyers
    Liability
    Lost Earnings
    Medical Care
    Medical Expenses
    Medical Payments Coverage
    Non-economic Damages
    Pedestrian Cases
    Personal Injury
    Police Reports
    Property Damage
    Settlement
    Statute Of Limitations
    Surgery
    Underinsured Motorist
    Uninsured Motorist

    Archives

    December 2021
    May 2020
    November 2019
    October 2019
    June 2019
    November 2018
    July 2018
    February 2018
    January 2018
    September 2017
    May 2017
    April 2017
    February 2017
    December 2016
    November 2016
    August 2016
    June 2016
    February 2016
    January 2016
    December 2015
    October 2015
    September 2015
    August 2015
    July 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    May 2013
    March 2013
    February 2013
    January 2013
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    May 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011

    by Robert Mansour

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

 Home | Attorney Profile | Practice Areas | Client Reviews | Personal Injury Blog | Personal Injury Library | FAQ 
 Videos | Directions | Google Maps | Disclaimer | Contact Us

Visit our Google Business Page | Like Us on Facebook | Our Yahoo! Business Listing | Follow Us on Twitter  
Linked In Profile | Please give us a great review on Yelp | Our YouTube Channel | BrandYourself Profile
FAQ RSS Feed |  Blog RSS Feed | Library RSS Feed | Our Bing Local Business Listing | Cornell University Listing

Office hours are Monday through Friday, 9 am to 5 pm.  By appointment.  If you are trying to reach us after hours or on the weekends, the best way is to use the form on the "Contact" page or simply send an email to info@valencialawyer.com

* The information on this website does not create an attorney/client relationship.  It is not legal advice and is presented for general informational purposes only.  Always consult with a professional when handling legal matters as the law is constantly changing.

Law Office of Robert M. Mansour, 28212 Kelly Johnson Pkwy #110, Santa Clarita, CA 91355 (661) 414-7100
Picture