Tag Archives: personal injury

Calculating Lost Earning Capacity in a California Car Accident

30 July
2022

After sustaining an injury in a California motor vehicle accident, whether caused by someone else’s negligence, carelessness, or other wrongful acts, you are entitled to compensation. An accident victim who is left unable to work temporarily or, in extreme cases, permanently, due to an accident-related injury, can quickly fall into debt. Fortunately, California realizes the heavy financial burden such circumstances can place on victims and their families. In California, victims have the right to seek compensation specifically for what is known as “loss of earning capacity” and other economic damages.

California Loss of Earning Capacity and Lost Wages

Lost earning capacity, or time and money yielded due to the detrimental loss of one’s ability to work and garner income in the future, can be calculated and recovered as compensation. Though both “lost wages” and loss of earning capacity are examples of economic damages, the two are notably different. Lost wages or loss of income refers to the money lost from being unable to work while you are recovering before either filing a suit or until a settlement goes into effect. Lost wages are typically easier to calculate as they have already transpired. However, loss of earning capacity looks to establish the hypothetical earnings an individual will lose out on, in the future, due to their injury.

Common Questions Regarding Loss of Earning Capacity

Loss of earning capacity income is not calculated as current wages but is instead a projection of what the victim would have presumably earned if they hadn’t been injured in the accident.

What types of income fall under “loss of earning capacity”?

Including income like hourly wages and salary pay, lost earning capacity examples also include benefits, 401ks, self-employed income (business owners), overtime pay, sick pay, vacation pay, commission, stock options, and potential raises.

 How is loss of earning capacity calculated?

To recover damages for loss of earning capacity, a thorough calculation is made. Along with analyzing earnings, the type of injury also needs to be considered; can you be fully rehabilitated? Will you be able to return to work in the future, and in what capacity, if at all? For example, your employer may be asked to testify about your job performance and outlook. The position you held and potential for growth, your educational background, workforce-related job trends, and the area you live and work in are some additional factors assessed. A medical expert may be asked to describe your injury and how it has impacted your life and health in the present and future. Having a skilled personal injury attorney with ample experience in cases involving economic damages is advisable.

Does an Injury have to be life-changing to qualify for loss of earning capacity?

A common misconception is that lost earning capacity only applies when the plaintiff has sustained an injury from which they cannot recover. However, this simply is not true. Even if the injury could or does resolve in the future, the plaintiff is still eligible for loss of earning capacity at the time of settlement or trial. A serious injury, but not necessarily life-altering, still allows a victim to pursue lost earning capacity damages.

Personal Injury Law in California

Proving that you have lost your earning capacity due to a personal injury is a complex process. Still, it is essential if you want to focus on your recovery plan and eliminate any stress related to debt, future medical costs, and living expenses. A personal injury attorney with extensive knowledge of California personal injury laws will know how to proceed and maximize your compensation successfully. If you or a loved one have suffered a severe injury following a California car accident, contacting an experienced Bay Area car accident attorney is crucial.

FAQs: California Car Accidents and Personal Injury Claims

29 June
2022

Does filing a personal injury claim require a court appearance?

A motor vehicle accident claim is usually settled out of court and through negotiations with the parties and related insurance companies involved. Despite this, many insurers attempt to settle claims quickly and for the least amount possible. However, in instances where the insurance company does not make an acceptable offer, we are prepared to litigate on your behalf for complete compensation.

In California, how much compensation am I entitled to after a car accident?

California allows you to recover both general and special damages.

General damages are for elements such as pain and suffering or how the accident and injury have affected your quality of life. It is challenging to specify how much money should be allocated for such damages as there is no set rule. It typically depends, however, on what kind of injury you suffered, how much discomfort you endured, and how long your injury lasted.

Among special damages are healthcare-related expenses due to the accident (e.g., general medical fees, prescription costs, and therapy or treatment expenses). Also included under special damages may be lost wages and repair costs for your vehicle.

You will receive compensation based on the type of injury you sustained, the cost of hospital care and medical treatment, and any losses you have incurred due to the accident. Many accidents may cause significant trauma to the victim, which deserves consideration when establishing compensation amounts.

Is it possible to seek compensation for both past and future expenses?

Past and current medical expenses are more straightforward to calculate as bills, statements, and receipts are all accessible. Although future medical expenses are not as simple to document, as they have not yet occurred, they can be evaluated and determined. Traumatic brain injuries, spinal injuries, and any injury requiring extensive treatments or long-term therapy can add up quickly as future costs. During litigation or negotiations for compensation, your attorney can establish reasonable estimates for these costs as well as treatment needs. Expert testimony from doctors and healthcare providers is often used for this purpose.

What do I have to prove for my California accident claim to succeed?

California law requires that you prove the other party was negligent in how they operated their vehicle. In other words, you must demonstrate the following factors:

  • The defendant was negligent in how they operated their vehicle or neglected traffic laws. For example, the defendant may have sped, ran a red light, or engaged in distracted driving behavior.
  • That plaintiff suffered an injury.
  • That defendant’s negligence significantly contributed to the harm the plaintiff suffered.

Note: In instances where you are partially at fault for an accident, you may still recover compensation if you can demonstrate that the defendant’s actions also played a meaningful role in the collision.

When pursuing a personal injury claim, how can an attorney help?

Although you won’t always require an attorney to file a car accident or associated personal injury claim, having proficient counsel on your side can significantly reduce the stress of the entire process and ensure you receive just compensation. An attorney can assist in investigating the collision, gathering evidence to demonstrate fault and determine damages, and estimating the value of those damages. In addition, your lawyer may negotiate settlements when appropriate, represent you in litigation and fight on your behalf for your right to complete compensation. Contact our Bay Area personal injury firm today for a free consultation.

A Letter of Protection and How It Helps in a Personal Injury Case

16 April
2021

Not everyone involved in an accident may have health insurance. Or, there may be times when a covered person’s insurance denies injury claims arising from an accident.  That means that getting medical attention can be complicated. The injured person may be left with paying medical expenses out-of-pocket. As costs escalate, it increases the chances that a person will be unable to pay. So, what options does a person who was injured by another have for paying medical expenses?

Simply put, a Letter of Protection is a document that helps someone get medical care when they have been injured due to another person’s negligence. A Letter of Protection alleviates the burden that the injured party might otherwise have in paying for medical expenses themselves. Below, we discuss what a letter of protection is and the benefits of using one.

Letter of Protection

A Letter of Protection is a medical lien. When a person is injured, their lawyer will send a Letter of Protection to a doctor or medical provider, which promises to pay for medical bills once a settlement is received. The injured person will get medical treatment without health insurance or cash, asking the doctor to hold their account for collection. Once payment is obtained from the settlement, the lawyer will use it to pay back the doctor.

There many benefits to using a Letter of Protection, but there are also some drawbacks.

Drawbacks

If you are not successful in your case against the at-fault party, you are still responsible for paying your medical bills.

Benefits

One of the benefits of having a Letter of Protection is that the attorney handling the claim can arrange medical appointments. Having such a liaison will ensure that you get immediate attention for your injury. Also, in a personal injury suit, it’s necessary to document the extent of injuries by gathering medical records. It is a tedious process that may take several weeks to obtain all the relevant documentation. However, with a Letter of Protection, it is easier for the attorney to get medical records from one doctor.  Also, fewer medical bills make it easier to pay for medical costs at once.

A Letter of Protection can also protect your credit. Since a Letter of Protection is a contract, our experienced attorneys can input specific language that prevents unpaid bills from being sent to a collection agency for a while. However, a Letter of Protection doesn’t absolve the injured party from paying their medical bills. Even if the case is ultimately lost, the injured party must still pay their medical bills.

Another benefit is that when a doctor provides medical care with a Letter of Protection, they are more willing to give testimony regarding the injured person’s medical injuries. In a personal injury case, the injured party is responsible for proving the extent of their injuries because that’s how the monetary amount is determined. Having a medical expert describe the harm will allow a deeper understanding of the extent of the injury.

Contact an Experienced Personal Injury Attorney

If your medical insurance has denied paying for medical expenses because they believe the other party should pay, or if you don’t have insurance, a Letter of Protection can be a good option. Contact our knowledgeable car accident attorneys at 415-946-8900 or at Dan Rose Law to schedule a free consultation.

Who Can Be Held Liable for Seizure-Related Car Accidents?

20 January
2021

In many car accident cases, there will be a clear indication regarding who is at fault for the crash. However, what if one of the drivers experienced a seizure that caused the car accident? If you experienced a car accident that was related to another person having a seizure, who can you hold responsible and liable for your injuries and losses? It is important to contact a San Francisco car injury attorney who can help you navigate the complexities of such cases and ensure you receive the compensation you deserve.

Understanding Seizures

In most cases, seizures occur as a result of a medical condition known as epilepsy. If a person has epilepsy, they may pose a greater challenge to other motorists on the roadway because they could have a seizure. However, seizures are often predictable based on identifiable factors. In the United States, people with epilepsy and other seizure disorders are allowed to drive with some legal restrictions if the condition is controlled by medication.

Seizures and Car Accidents

According to the United States National Library of Medicine, only 11 percent of all car accidents involve individuals who had a seizure as a result of epilepsy. This means that most accidents involving drivers with epilepsy are similar to any other car accident. However, there are instances the driver lost control of the vehicle due to a seizure.

Liability When a Driver Has a Seizure

Drivers with epilepsy and other seizure-related disorders often need to get clearance from their doctor in order to drive a vehicle. If you are in an accident with a driver having a seizure, you may have the right to receive compensation for your injuries and losses from them as a result.

Consider the following questions:

  • Did the driver have a medical history of seizures and know that they may have a seizure while driving?
  • How long was the driver seizure-free prior to the accident?
  • Did the driver receive any treatment for epilepsy?
  • Was the driver taking their medication as required?
  • Did the driver lose consciousness before the car accident? How long did the driver feel they were going to lose consciousness before they had a seizure?
  • Did the driver receive a false recommendation from a doctor regarding their ability to drive?

As a victim of a car accident involving a driver who experienced a seizure, you may be able to file a claim against either the driver or even the doctor who negligently certified that the driver could drive with their medical condition.

Contact an Experienced Personal Injury Attorney Today

If you experienced a car accident as a result of another driver having a seizure, you will need to ensure that a full investigation occurs in order to receive compensation for your injuries and losses. These types of cases can prove to be legally complex and challenging. Learn more about your options to hold the other driver liable for your seizure-related car accident by contacting an experienced car accident attorney at The Law Office of Daniel H. Rose at 415-946-8900 or online today.

 

Key Differences Between Personal Injury Lawsuits and Workers’ Compensation Claims

20 December
2020

Suppose you are injured at your place of employment during work hours. You may be wondering what options you have to recover medical expenses and lost wages. Understanding the differences between filing a personal injury lawsuit or a claim under workers’ compensation is an essential first step.

Only certain classes of workers are entitled to workers’ compensation benefits. Unpaid volunteers, independent contractors, and domestic employees in private homes cannot receive workers’ compensation. Therefore, determining whether you qualify can assist you in deciding which claim to pursue.

If workers’ compensation covers your injury, the Division of Workers’ Compensation (DWC) provides administrative and judicial services for benefits. An injured party files a claim with their employer’s insurance carrier. For personal injury lawsuits, a case only starts when the injured party files a petition with a California court.

Below are some key differences between both claims.

  1. Workers’ compensation provides immediate relief

Workers’ compensation provides immediate relief to a worker who suffers a work-related accident. That’s because workers’ compensation benefits are designed to provide the injured employee with medical treatment needed to recover from a work-related injury or illness. It may also include lost wages during the recovery period, rehabilitation, and temporary disability pension while you are unable to work. With very few exceptions, California requires employers to maintain workers’ compensation insurance, even if they only have one employee.

In a personal injury lawsuit, the court tries to quantify the worker’s injuries with a monetary award because it can’t mend broken bones. Depending on the extent of the worker’s injuries, damages can include pain and suffering and punitive damages. Workers’ compensation benefits do not have pain and suffering damages.

  1. No-Fault Needed for Workers’ Compensation

In a workers’ compensation claim, the injured party does not have to show that the employer was “at fault” to prevail on their claim. Workers’ compensation would cover specific injuries, even if the employer or supervisor were not a fault. The injury only needs to be work-related.

Not having to show the employer’s fault is crucial when compared to a personal injury lawsuit. In almost all personal injury lawsuits, the injured party must show that the employer was negligent in their actions, leading to the injury. If the employer can show that they were not negligent, they can immediately dismiss the case.

  1. Workers’ Compensation Does Not Cover All Damages

In a worker’s compensation claim, an injured employee is only entitled to recover reasonable medical care expenses, temporary disability benefits, permanent disability benefits, job displacement benefits if the injured worker cannot return to work, and death benefits.

For personal injury claims, an injured party has the potential to recover the same benefits offered under workers’ compensation, but also pain and suffering damages.

Contact a Skilled Attorney

Once an injured party files a workers’ compensation claim, they cannot file a personal injury lawsuit. Consulting with an experienced personal injury attorney at the Dan Rose Law Firm can help you make the right decision for you.