If you have lost earning ability as a result of your accident, you may have a lot of questions about how to get it back. The best method to find answers is to call Law Offices of Fernando D. Vargas for a free legal consultation at 909-982-0707 Continue reading to get answers to some of the most frequently asked questions from an car accident lawyer near me in Rancho Cucamonga CA. We look forward to assisting you in determining the appropriate course of action following your accident.
Do I have to sue right away for lost wages?
No, but a car accident lawyer near me in Rancho Cucamonga CA will strongly advise you to contact a personal injury attorney as soon as possible. In most cases, you will have two years to file, but in other circumstances (such as when the government is a defendant), you will only have six months to file.
It is worth noting that the “clock” starts ticking when the plaintiff discovers the harm or when the injury occurs. For example, if you were in a slip and fall accident but did not realize you had a brain injury for many weeks, the clock would start ticking from the time you found the damage.
What types of income fall under the “Lost Earning Capacity” category?
It is not unusual for someone to be unsure of their lost earning capability. It is the gap between how much you made and how much you would have made if you had not been injured. Salary, increases, overtime compensation, 401K or other profit-sharing contributions, commission, bonuses, self-employment income, and other perks, such as free meals or travel, are all examples of income and benefits that might be included.
What is the formula a car accident lawyer near me in Rancho Cucamonga CA uses for calculating lost earning capacity?
A lot of factors might influence the amount of compensation a person receives for lost earning potential. For example, a judge or jury will consider how long the plaintiff’s injuries are likely to last, when the plaintiff is likely to be able to return to work (if at all), the plaintiff’s age, life expectancy prior to the injury, and the number of working years the plaintiff likely had prior to retirement.
Other considerations to evaluate include the victim’s health before to the accident, their previous wages, and whether their income was stable or variable. They might think about the terms of any employment contracts at issue, the company’s rules on promotions, cost of living increases, raises, and other perks, and the prospects available in the plaintiff’s profession.
Is there anything I can do while I am still in school?
Yes. If you are going to school for a career that you will not be able to execute at the same level as before the accident, your lost earnings will reflect that. If you are in culinary school and cannot walk anymore, your chances of becoming a line cook may be limited.
If you have suffered an injury in a car accident, contact Law Offices of Fernando D. Vargas at 909-982-0707 to request help from a car accident lawyer near me in Rancho Cucamonga CA.
