If you’ve been involved in an accident or other personal injury case, chances are you will be seeking compensation for lost amount in addition to payment for pain and suffering. A large number of personal injury lawsuits result in the plaintiff requiring time off from work, whether it is for an extended period while seeking medical care, only a few days, or in some cases due to an injury that makes performing regular job tasks impossible.
Calculating lost wages may appear simple on the surface; provide some tangible proof from your employer and medical practitioner that states the length of time required for recovery, right? Unfortunately, calculating fair compensation for lost money is much more complex.
The complexity of determining lost money is dependent on a variety of factors. For easily treatable injuries that can be quickly recovered from, such as bruising and mild sprains, some physical evidence and documentation from an employer and doctor should be sufficient enough to make a fair claim. Injuries that have a permanent or long-lasting effect on the plaintiff are where compensation judgments begin to fall into grey areas. It is often up to the personal injury attorney to successfully make a case for their client, using extensive background information as well as a bit of prediction into the future.
Future loss of wages can be difficult to predict and there are many different ways of approaching the situation. The plaintiff’s current job, as well as past work history, age, and the overall outlook for his particular field are all used to help indicate possible future wages. Hard evidence is combined with the opinions of experts in order to draw a reasonable conclusion.
For example, a personal attorney representing a recent graduate, who has just begun a career in marketing, would compare his current wages with the field’s projected average for someone with similar experience. Professional witnesses, such as an economist and a medical professional, will then be called as witnesses to testify to the amount of money predicted to be earned. The plaintiff’s lawyer will also have to construct an argument for how much past and future wages will be lost, which could potentially be a lifetime if the loss debilitating enough.
In addition to the overall job market, How to construct great arguments the plaintiff’s job mobility will also need to be examined. Certain jobs have the potential for extremely high mobility, such as positions in the government or law, while others remain fairly stagnant over time, such as in the case of secondary school teachers.
It is not possible to predict a person’s ability to be promoted and successful within a field, however, once combined with averages and subtracted from the plaintiff’s current abilities and opportunities to work if any, lawyers, judge and jury can arrive at somewhat fair compensation under the circumstances.