Is My Personal Injury Settlement Offer Fair?

Couple sitting next to each other on a couch discussing documents.

Whether a personal injury settlement offer is “fair” depends on the injured individual and the particulars of his or her case.  Two people could have the same set of facts, same injuries, and same lawyer but different ideas of what is “fair.”  When deciding whether a personal injury settlement offer is “fair” there are a few things one should consider.

Medical Bills & Future Medical Treatment

At a minimum, medical bills should be paid from any settlement.  Medical bills that accumulated between the injury and the settlement as well as the cost of future medical treatment should be considered.

Pre-Existing Medical Conditions

Pre-existing conditions and pain must be considered.  Just because someone may have previous injuries or surgeries does not mean a recovery is impossible.  However, pre-existing conditions must be considered because you are only entitled to recover for injuries and pain caused by the negligent person.  The law refers to this as recovering for the aggravation of a pre-existing condition.

Location

It’s important to consider where a case will be filed because verdicts from similar cases in the same location will help one understand what a jury may award. A good attorney will research cases with similar facts in the same location to determine a likely jury verdict range.  All cases are different, but other case results should provide insight on how juries in a particular location value a particular injury.

Special Damages

Special damages are monetary damages like lost wages and medical bills that have specific monetary costs. Past medical costs are easy to calculate because the bills can be added together for a specific total. Lost wages are more difficult because there are a variety of ways that an individual may earn income. Wages for salaried employees are easy because their income is usually set on a yearly basis. However, lost wages for business owners and independent contractors are more difficult to calculate because their income tends to vary from month to month. Therefore, when determining lost wages, an injured party and their attorney must consider whether they have a reasonable basis for calculating and estimating the amount of lost wages.

Aggravating Circumstances

Was the conduct of the at-fault party egregious?  Were they drunk or on drugs?  Is the at-fault person being honest about everything? Aggravating circumstance can affect the value of a case.

Possible Defenses

What might the at-fault person say that will weaken the victim’s case?  What legal defenses can be brought?  In order to make a fair settlement evaluation, one must consider the challenging facts and law in their case.

After considering medical bills, pre-existing conditions, special damages, location, and possible defenses, one can decide what a fair settlement offer should be.  Of course, everyone has a different level of risk tolerance so every injured claimant should evaluate these variables and accept or reject a personal injury settlement offer according to their specific needs.

To learn more about Personal Injury cases, be sure to check out the firm’s YouTube channel.  Specifically, our 52 weeks series that will take you through the various stages of a personal injury claim to help you better understand the entire process.

Tips For Winning at Trial

Gavel and the scales of justice with a blurry image of book shelves in the background.

Young attorneys, we were once in your shoes!  Each trial is unique and going to trial can be daunting early on in your career.  If you’re trying a case, here are our top tips for being successful at trial.

Prepare Yourself

It may seem obvious, but preparing yourself is the number one tip to being successful at trial.  Prepare yourself with knowledge of all the deposition testimony and discovery responses.  Be intimately familiar with the facts of the case.  You should never have to look at a piece of paper in trial unless it is to introduce that document as an exhibit.  You should know your case like the back of your hand, inside and out, better than anyone else in the room.

Subpoena the Witnesses

Most likely you will be in close communication with your witnesses, but make sure to subpoena them as well.  Subpoenas give your witnesses an official legal excuse from work and ensures they will show up to trial.  From the plaintiff’s side, don’t always assume the defendant is going to show up for trial.  If you are going to call the defendant as a witness, subpoena him/her as well.

Use Pre-Trial Motions to Your Advantage

Motions in limine are those you can use ahead of trial to get the judge to rule on certain issues that may come up during the trial. These motions seek to limit evidence that is irrelevant, inadmissible or prejudicial to your client. Identify the important issues in your case.  If there is something that needs to be addressed by the court or can be addressed by the court ahead of time, file those motions.  Whether you win or lose those motions, you can adjust your strategy knowing what evidence or topics can or cannot be introduced at trial.

Pre-Organize Your Exhibits

Once you know what evidence is coming in or not, make sure your evidence is redacted appropriately, pre-labeled, pre-marked, and organized in the order in which you plan to introduce those records at trial.  Trial notebooks and exhibit lists are helpful.  Make sure all of this is done ahead of time and ready to go before the trial begins.  If you are using technology, make sure you have everything scanned in to your computer so you are not relying on an internet connection.

Know Your Judges Preferences

Every judge is different and has his or her own style on how the trial will be conducted.  Don’t be afraid to call or email the staff attorney to see how the judge handles certain things before trial begins. 

Prepare the Jury

In our opinion, jury selection is the most important part of a trial.  You should prepare for jury selection just as much as you do for the trial itself.  Don’t be afraid to talk about the issues of your case in jury selection.  If you don’t get an unbiased jury sitting in the jury box, your case is done before you even give an opening statement.  You must have open and honest dialogues with potential jurors about their feelings on certain issues.  One question a great attorney out of Savannah, Jeff Harris, once told us and we try to use with jurors is, “If you were injured due to the fault of somebody else, would you have any hesitation bringing a lawsuit against them?” If someone has hesitation, they are probably going to be a bad juror for you as a plaintiff.  Be prepared to ask tough questions to tease out biases potential jurors might have when dealing with a client that has previous injuries or preexisting conditions, etc.  You might also have to touch on more sensitive issues hot button political issues, gender, and race — whatever happens to be involved in your case.  If you’re worried something might be an issue for jurors, it probably is and needs to be addressed in jury selection.

Prepare Your Client

Preparing your client doesn’t mean you tell them what to say.  Preparing your client means to give them the knowledge and understanding of what the situation is actually going to be like when they are sitting on the witness stand.  What sort of questions can they anticipate?  Reassure them they can stick up for themselves.  Remind them to be polite. 

Prepare Your Cross Examinations

Preparing early will allow you to succinctly cross examine your witnesses.  We like to start preparing by writing out the story or narrative you want to give the jury.  Then break that down into leading questions you can ask the witnesses to tell the story.  You don’t want to argue with witnesses or get off on a tangent.  Consider what information you want and need from each witness and prepare accordingly to control the witness during your cross.

Limit Your Objections

Be selective with objections in trial unless it is something just egregious.  You are not necessarily limited to how many objections you can make, but the more you object as a plaintiff attorney, the more the jury might think you are trying to hide something.  You can also be more selective with your objections when you file the proper motions and deal with any evidentiary issues you might have ahead of time, pre-trial.

Check Out the Courthouse and Familiarize Yourself with the Environment

If you can, go to the courthouse before the trial and familiarize yourself with the space.  Find out what kind of technology is available, where the televisions are located, etc.  Rural counties might not have the best technology available so know what you are able to work with ahead of time.  If your client is able, take him/her with you to the courthouse ahead of time.  Most clients have never been in a courtroom before.  Let your client sit in the witness box and familiarize themselves with the space.  This usually helps your client feel a bit more comfortable when it is time for trial.

Be Respectful of the Jurors’ Time

Jurors were summoned; they didn’t volunteer to be in court.  They are taking time out of their lives and not getting paid much to be there.  Let the jurors know you have a duty to be there and you’re going to take the time needed to present your case, but you’re going to do so in an efficient manner and respect their time.

Think Hard About What Your Case is Truly Worth

At the end of trial, you are going to have to ask the jury to award a monetary value.  If you don’t believe your case is worth a particular value, the jury won’t either.  At the end of the case make sure your ask is fair and reasonable.  As a plaintiff’s lawyer, don’t let your ego get in the way.  We all see and hear of the really large verdicts, but most cases are not worth millions of dollars.  Some cases are worth $10,000.00 and others are worth $10,000,000.00.  If you have a $100,000 case and you ask for $1,000,000, you’re probably going to get awarded nothing or very little.  Make sure the ask is appropriate for the facts of your case.

For more information on Tips for Winning at Trial, be sure to check out our video on this topic and many more on our YouTube channel.

What You Should Know BEFORE a Car Wreck

Aftermath of a car crash showing a silver car with the front end smashed in.

Let’s start by saying we hope you never need to hire an attorney.  We hope you never end up in a car wreck, but the unfortunate reality is car accidents are a fact of life.  Whether you are at fault or not, car accidents are on the rise.  According to the National Highway Traffic and Safety Administration, over 5,200,000 million collisions happened over the course of year (2020).  After working with a lot of first time personal injury clients who maybe waited too long to call an attorney or made a misstep before contacting us, we often hear the comment, ‘I wish I knew this before getting in a car wreck…’ Here is our advice to those who have yet to be in an accident, based on what our clients wished they knew.

Don’t Trust the At Fault Insurance Company

The number one thing our clients wish they knew before getting into a wreck was to not trust the at-fault insurance company.  The at-fault insurance company is the company that represents the at-fault driver.  The at-fault insurance company’s interest is not aligned with yours.  Do not trust them when they say things like, ‘hey, we’ll take care of you,’ or ‘send us your bills and we will pay them.’  After sending them your medical bills, they will likely come back and argue the bills are too high. Insurance companies will say they only need to pay what is “reasonable and necessary,” so they can always argue the treatment you received or the amount you paid was not reasonable or necessary.

Don’t Wait Too Long to Seek Treatment When You’re Hurt

If and when you are involved in an auto accident, do not wait too long to seek medical treatment. Insurance companies will argue that gaps in seeking and receiving treatment make it look like you were not really injured or that your injuries were so minor that you didn’t need treatment.  The reality is, you might feel fine at first but after a couple of days, symptoms of your injuries start to occur.  We have also seen clients waiting to seek medical treatment in hopes that their injuries will get better on their own with time.  If you wait too long before seeking treatment or don’t follow your treatment plan according to your medical providers’ instructions, this can hurt your personal injury case.

Make Sure Your Car is Worth More Than What You Owe — Gap Coverage Insurance

Sometimes the market is what it is and this is not always something you can avoid, but if possible, owing less on your car than what it is worth is ideal.  If you are in an accident and your vehicle is totaled, the insurance company is only required to pay you the “fair market value” of your car.  So for instance, if you can sell your car for $20,000 but you owe $30,000 on it, the insured only has to pay $20,000 for that vehicle.  This is where gap coverage comes in handy.  If you suspect you could ever be in a situation where you owe more than your car is worth, gap coverage on an insurance policy will cover the difference between what your car is worth and what was owed on it before being totaled.

Make Sure You Have Uninsured Motorist Coverage

Uninsured motorist coverage is essential in the event you are hit by someone with no insurance or not enough insurance to cover the accident.  You can learn more about uninsured motorist coverage here.

“Full Coverage” is Rarely Full Coverage

We often hear first time clients say things like, ‘Don’t worry, I have full coverage,” only to find out they have minimum limits coverage.  Some insurance agents will tell you they’ll get you “full coverage,” simply meaning you’re fully covered to legally drive in your state.  Fully covered to drive does not mean you are adequately protected if you cause a wreck and cause bad damages or if somebody hits you and causes bad damages.  Don’t just settle for “full coverage”.  Really look into your policy and find out what kind of coverage is written into your policy and whether the amounts of coverage provide sufficient protection for your personal situation.

If You’re Able, Gather Information at the Scene

Pictures, video, witness names and contact information from the scene can be instrumental in your personal injury claim after a car wreck.  It is amazing how several people can be involved in the same event and have different recollections of what happened.  Don’t always rely on the investigating police officer to record names and contact information of witnesses.  The officer might include information from witnesses but not always record their contact information for use later. Any documentation you are able to collect at the scene will be helpful in winning your case later on down the road.

Hire a Good Personal Injury Attorney

If you get into an accident, make sure to hire a good personal injury attorney.  Do your research.  Examine websites, read reviews, ask friends and family that have used an attorney before, and set up a free consultation to meet with potential attorneys to feel them out.  You want to hire the best attorney for you and your case.

If you’ve been injured in a car accident and are looking for a personal injury attorney, schedule a free consultation with us today! Joel Williams and Jared Easter are experienced car wreck attorneys who can help you settle your case.  833-LEGALGA

Open Records Request in Georgia

A collection of words including: Evidence, Require Proof, Witness, Legal Trial, Law, Hearsay, Testimony, etc.

What is an Open Records Request, and why is it important for my case?

One of the first and most important steps in getting your personal injury case started, is to begin by obtaining all evidence and supporting documents. This is done by submitting an Open Records Request.

The Georgia Open Records Act states that records maintained by most government agencies, or private companies carrying out government functions, are open to the public and subject to inspection at a reasonable time and place.

This Act allows citizens and law firms to send requests to government agencies in order to obtain any evidence that may build a stronger case for an injured party.

What documents are requested through an Open Records Request?

When dealing with a car wreck case, some of the documents that are obtained through Open Records Requests are:

  1. 911 calls and CAD reports
  2. Accident Report
  3. Police Dash and Body Cam Footage from the responding police department
  4. Photographs
  5. Citations (traffic ticket) and the disposition of those citations.

For Premises Liability or Negligent Security cases, it is helpful to request a Crime Grid to get an idea of a history of past incidents at a particular location or area.

In cases where an injured party has suffered from a dog bite, an Open Records Request may be submitted to the local animal control agency to determine if a particular dog or location has had similar issues in the past.

All of these documents are extremely helpful and important in order to get started with a proper case investigation.

How do you submit an Open Records Request?

The first step in submitting an Open Records Request is to determine where you should send the request. E-911 Communication Centers, Police Departments, Clerk’s Offices, and Animal Control each are responsible for maintaining records and documentation that are accessible to the public. Therefore, you will need to determine which governmental agency is in possession of the documents you are wishing to obtain. Each County, State and City agency will have a different process for how they handle and fulfill requests.

Some departments will have an online portal in which you are able to submit your request, while others may have their own specific form to fill out and submit via mail, fax or email.

When submitting a request, it’s important to include any and all helpful information in order to help the agency to locate the documents you are requesting, such as dates, names, addresses, report numbers, etc.

Why are these supporting documents so important?

When submitting a demand to the insurance company or filing a lawsuit in order to settle your personal injury case, it is important to provide the insurer with ample evidence to substantiate your claim.

For example, if you are involved in a rear-end car wreck and the at-fault driver is issued a citation for following too closely, providing a copy of the disposition of a citation with a guilty plea shows the at-fault driver is admitting their negligence.

For cases involving dog bites, premises liability or negligent security, previous incidents help build a stronger case by showing the at-fault party was aware of a danger and did not act reasonably to remedy the danger.

What to expect once my Open Records Request has been submitted.

Once your request has been submitted, most Georgia agencies will have 3 business days to respond to your request and notify you the request was received.  Typically, they will provide you with a request number and the contact information of who is handling your request.

It is important to remember an agency may not be able to release all requested documents right away. If you have a car wreck case and the criminal case is still pending with the at-fault driver’s citation or arrest, or if the police department is still conducting their investigation, they will not be able to release all requested materials until the investigation or criminal case file is closed.

Always be sure to have a follow up system in place in order to ensure your request is fulfilled.

Written by Paralegal Kyle McManus

How Long Does an Injury Case Last?

Wooden scrabble letters spelling out Personal Injury Law.

A common question we receive as attorneys is “How long will my injury case last?”  Unfortunately, there is no one-size-fits-all answer.  The length of your case depends on the particular facts of your unique case.  Here are several factors that can affect how long your personal injury case will last.

What Kind of Case Do You Have?

The biggest factor that will affect the length of your case is what kind of case you have.  For example, products liability and medical malpractice cases involve complicated factual issues and many more witnesses.  Cases like these could take 1-3 years and if it’s a complicated case that gets appealed, it could take up top 5-6 years to finalize.  On the other hand, if you have a rather simple case like getting rear-ended while driving with minor injuries, you may be able to reach a settlement within 4-5 months without having to file a lawsuit.  It really just depends on what type of case you have.

Do Your Injuries Exceed the Insurance Limits?

Another factor that can affect the length of your case is your injuries and the insurance limits.  When your injuries do not exceed the insurance limits and there are more difficult factual disputes in the case, your case might take a bit longer.  Another thing to consider is the potential consequences of settling too early. You don’t want to rush into a settlement without knowing the full extent of your injuries and how much medical care you will need to recover.  If you are seeking treatment for your injuries and still have to follow up with your medical professional, there is no harm in waiting to see the results of the follow up.  If you rush to settle and later find out that you have more injuries or need more medical treatment, you can never go back and ask for more compensation.

However, if your medical bills exceed the amount of insurance coverage available from the at-fault party, the insurance company will probably pay its policy limits quickly. This is because insurance companies owe a duty to their insureds to protect their insureds’ personal assets by settling legitimate cases within the policy limits when they are given an opportunity to do so.

Does Your Attorney Have to File a Lawsuit?

Getting your case resolved without filing a lawsuit will result in faster compensation. However, this is only advisable when the at-fault party or their insurer make a reasonable offer to settle. If a reasonable settlement offer is not made by the at-fault party or their insurer, a lawsuit may be necessary to maximize any recovery. When you file a personal injury lawsuit, the lawsuit process usually takes well over a year. 

If you want to settle your case without filing a lawsuit, the right timing largely depends on the severity of the injuries, what the medical bills are and what insurance is available (i.e. How long does it take to know the full extent of your medical damages as well as your future prognosis?).  If your attorney ends up having to file a lawsuit, plan for more time to resolve your case.  When a lawsuit is filed, there may be many months of formal discovery, mediations, trials and possible appeals.

What Court Is Your Lawsuit Filed In?

Another factor that can affect the length of your case is what court your case is filed in.  For small claims in Georgia, you can file in Magistrate Court and get a hearing pretty quickly.  If your case is filed in State Court or Superior Court, it may take longer because there are other criminal cases that take priority.  Federal courts are typically faster than state courts because federal district courts have strict deadlines and rules you must follow the help expedite the case.

Overall, the time it will take to get your case settled depends on the particular facts of your case.  If you have been injured and would like a free consultation on the particulars of your Georgia personal injury claim, please reach out to the attorneys at Williams Elleby Howard & Easter by calling 833-LEGAL-GA.

What Happens After You File a Lawsuit?

A piece of paper with Notice of Lawsuit printed at the top with a pen laying on the paper.

If you have never been involved in a personal injury case, the first step in understanding the litigation process is how to file a lawsuit. Once you file a lawsuit, the next question is likely, “What happens after I file a lawsuit?”  What can you expect after your lawsuit is served? 

Answer & Discovery

Once your lawsuit is served on the at-fault party, the other side typically responds by filing an Answer to your Complaint.  In the Answer, the Defendant must admit or deny the allegations in your lawsuit.  Once an Answer is filed, discovery usually begins when the parties exchange things like interrogatories (formal written questions) and requests for production of documents pertaining to your case.  The next part of discovery involves things like taking depositions, doing inspections, hiring experts to review documents, etc.

Mediation

After the discovery phase, the parties usually participate in mediation. Mediation is a formal settlement conference where you will meet with a mediator, or neutral party.  Usually, mediators are experienced attorneys or retired judges that have extensive legal experience.  This neutral party will hear both sides of the case, evaluate the strengths and weaknesses of the case, and essentially try to broker a deal.  The goal of mediation is to get the case settled.

Trial

If you cannot settle your case through mediation, the next step in the litigation process is trial.  Trials are not easy; A trial takes a lot of time, effort, and preparation but can be very rewarding for the client in the end.  Success at trial is closely tied to three things: (1) Pre-trial preparation, (2) the strength of your case, and (3) your lawyer’s trial skills. Trials rarely go well for those who are unprepared. Chase and Joel give some important tips for winning the trial of a personal injury case in this video:

Appeal

If for some reason your case goes sideways or you lose your case at trial, you always have the option to appeal.  An appeal would be the last potential step in the litigation process.

If you have never been involved with a personal injury case before, please don’t go through this process alone.  Seek a trustworthy and knowledgeable attorney to consult with right away.

For a free consultation, call Williams Elleby Howard & Easter today at 833-534-2542.

Fall Prevention Week – DON’T FALL FROM THE STAND

Deer stand in field near a tree.

For deer hunters, September is the best time of year because it signals the start of the hunting season in most states. The beginning of deer season also coincides with Fall Prevention Awareness Week. For hunting enthusiasts, spending time in the woods on a crisp autumn afternoon is about as good as it gets. Unfortunately, a fall from a tree in the middle of a forest can have devastating consequences. If you intend to hunt from a tree stand, here are a few tips to help keep you safe:

GET IN SHAPE

Prepare your body well in advance of deer season. If you aren’t already physically fit, start preparing your body for the rigors of the outdoors by hitting the gym or taking hikes at local parks. Consider some resistance training to strengthen your legs, core, and shoulders. Hunters with strong bodies are less likely to succumb to exhaustion when walking to and climbing a tree.

USE A FALL ARREST SYSTEM

We know…hunters already have too much gear to haul in and out of their hunting areas. However, a fall arrest system should always be worn when hunting from a tree. These devices protect the hunter from getting stranded in a tree when they are using a tree stand harness. It protects hunters while climbing, sitting, standing, and descending. Think of it like a seat belt in a vehicle. We all hope that we are never in a car crash; however, chances are that we will be involved in a crash at some point in our lives. When a crash happens, seatbelts can save lives. The same is true for a fall arrest system.

HUNT WITH A FRIEND OR SEND YOUR LOCATION TO A TRUSTED FRIEND

Ideally, you will be hunting with a friend when you venture into the deer woods. If so, make sure you and your friend know exactly where each of you will be hunting and schedule a time and location to meet after the hunt. If you don’t have a hunting buddy, send a pin of your location to someone you trust and let them know what time you will be exiting the woods. Sending your location is incredibly easy if you follow simple instructions for Google Maps.

STAY AWAKE AND ALERT

 It goes without saying that you must stay awake and alert if you want to harvest that massive Pope & Young buck that you’ve caught on your trail camera. However, staying awake also keeps you in the stand. Too often, hunters fall asleep in the stand only to wake up on the ground with serious life altering injuries. Therefore, it is important to get plenty of rest before your hunting trip. Easier said than done right? Sleep can be elusive during the anticipation leading up to a hunt but do your best to get the rest your body needs so you will be mentally alert  during your time in the stand.

USE A HAUL LINE

Hunters should always use a haul line to get their gear in a tree stand. The cost of a haul line is minuscule when compared to the cost of your other hunting gear. The use of a haul line frees up your hands and removes unnecessary weight from your back as you ascend and descend the tree. You can find a good quality haul line for less than the price of a pack of arrows or box of ammunition.

DON’T SKIMP ON SAFETY

Life if too precious to take unnecessary risk when hunting. Most hunting related injuries and deaths result from rule violations and poor judgment. As my grandpa used to say, use your head for something more than a hat rack. Develop a safety plan before the hunt and utilize simple tools such as a fall arrest system, Google Maps, and a haul line to make sure you stay safe this hunting season. Good luck and stay safe out there my friends.

What Should I Do If I’m Hit by an Uninsured Driver?

A two vehicle motor vehicle accident with police on scene.

There are several things you should be aware of if you are hit by an uninsured driver. A driver may have an insurance card at the scene of a wreck but you have no way of knowing whether that insurance is expired, whether it applies to that particular vehicle, or whether that driver has permission to be driving that vehicle. So what should you do if you’re hit by an assumed uninsured driver?

Find out if the driver is, in fact, an uninsured driver.

Being hit by an uninsured driver could mean a handful of things.  There could be no insurance on the vehicle or the person that hit you may not be authorized to drive that vehicle. An attorney can determine whether the at-fault driver is uninsured by looking at the police report and sending a letter to the applicable insurance company to find out if that person is a proper driver.

Notify your own insurance company.

Most automobile insurance contracts require you to notify the insurer about any car accident within a reasonable time. If you do not comply with the terms of the insurance contract, your insurer may deny coverage.  If you have been hit by an uninsured driver, the uninsured motorist coverage of your policy would be utilized to cover any damages you suffered in the wreck.  If you are hurt by an uninsured driver, it is best to speak with an attorney because your own insurance company is going to defend that case against you, which puts you in a tricky position.

 Identify all insurance policies.

There are many different types of insurance policies and it is important to locate and share them all with your attorney.  Some insurance companies write specific policies for each vehicle in a household where as others write one policy that covers all vehicles in a home. 

Additionally, most all of your common insurance companies have what is known as resident relative coverage. This means that all relatives from the same household are entitled to use insurance policies from all other relatives in the same household, regardless of company.

 Treat your wreck like any other wreck.

Just like if you were hit by an insured driver, follow the same steps we suggest doing after any wreck.  Click here to read the 7 MOST IMPORTANT things to do after an accident. 

 If you are the victim of a hit and run, your case would be treated the same as if you were hit by an uninsured driver.  Your own insurance company is going to defend that case against you, so it is important to document as much as you can, take photos, look for witnesses, and seek medical treatment.

If you have been hit by an uninsured driver and would like to discuss your case, call Attorney Jared Easter at Williams Elleby Howard & Easter for a free consultation.  833-LEGAL-GA.  

How Do I Prove Lost Wages in a Personal Injury Case?

One construction worker wrapping an injured arm of another construction worker with construction equipment in the background.

If you have been injured and are forced to miss work or miss the opportunity for work, you can seek lost wages as an item of damages from the at-fault insurance company.  A common question we are asked is, “how do I prove lost wages in a personal injury case?”

W-2 Employee

Proving lost wages for a W-2 employee is pretty clean and simple.  If you are a W-2 employee, someone who gets paid the same amount every two weeks, the easiest way to prove lost wages is to get a pay stub.  From your pay stub, calculate your hourly rate and multiply that by the number of hours you were forced to miss work.

1099 Employee

Currently though, we have an increasing ‘gig economy,’ a free market system in which temporary positions are common and organizations hire independent workers for short-term commitments” (Tech Target, 2022).  Most gig employees are paid by 1099, meaning hours of work are not necessarily consistent.  So if a 1099 employee is forced to miss work due to a personal injury, it is more difficult to prove how much work, or compensation, was actually missed.

The best way to prove lost wages for a 1099 employee is to average out your typical compensation and hours worked.  The longer the history of contract work available, the easier this is to do.

Another way to prove lost wages is to show documentation of work you were scheduled to do, that now will be delayed or canceled due to your personal injury.  Documentation of scheduled work could be a text, email, or signed contract showing the type of work and compensation agreed upon by both parties.

Business Owners

Unless you are in a real niche industry, a business owner’s income fluctuates with the success of the business.  Therefore, a business owner’s lost wages can be more difficult to prove in a personal injury case.  Business owners need to review their tax documents, profit and loss statements, and more to determine a reasonable income or compensation for missed work.

Proving lost wages for 1099 employees and business owners is made easier with a history of earnings. Trying to extrapolate figures from your history of work to projections of what you would have earned had you not missed work due to a personal injury is how we go about calculating lost wages.  This does not have to be proven with exact certainty;  a reasonable projection of what you would have earned is legally sufficient in most states.

One thing to keep in mind when you receive damages for lost wages is that money is taxable.  As opposed to money you might receive for bodily injury, medical bills, or pain and suffering, money for lost wages is still and will be considered taxable income.  For this reason, depending on your case and the size of your claim, it may or may not be in your best interest to make a claim for lost wages. For instance, if you have a million dollars worth of medical bills and catastrophic lifelong injuries, it might not be worth arguing a small lost wages claim—you want the court to focus on your larger claims and your attorney will have more leeway to argue for an overall larger award that is not taxable.  This allows you to benefit the most from the money awarded to you for your personal injury.

If you have been injured due to someone else’s negligence and would like to discuss your case for free with one of our attorneys at Williams Elleby Howard & Easter, please give us a call at 833-LEGAL-GA.

How Medical Providers Can Help or Hurt Your Personal Injury Case

A male doctor holding up an x-ray of a lumbar spine.

Other than your lawyer, your medical provider is the most important professional in your entire claims process.  If your case is about your personal injury, who better than your doctor to explain what caused your injuries, the nature of your injuries, the treatment process, and your future prognosis?

Our job as your attorney is to present your case.  We have to prove that the incident wasn’t your fault, you were injured, and the incident caused your injuries.  Medical providers are necessary to explain your injuries and link causation.  Your doctor(s) will need to testify through deposition or medical narrative that the injuries you are now suffering from are because of the wreck.

Choose a Medical Provider You Have an Established History With

If you see a doctor regularly or have treated for an injury before, we recommend seeing that same doctor after your wreck.  Having an established relationship with a medical provider who helped you get better in the past is helpful.  Medical providers you have seen in the past can speak to your health prior to the wreck and testify as to how your new injuries are different from any pre-existing conditions.

Be Honest and Comply With Your Doctor’s Treatment Plan

One way medical providers can help or hurt your case depends on your willingness to follow your provider’s treatment plan.  If you do not follow the treatment plan prescribed by your doctor, your provider will have to say that when testifying in your case.  In addition to complying with your treatment plan, be upfront and honest with your doctors about any prior injuries or conditions that you have had.  If it is sprung on your doctor during a deposition that you had a prior injury, he or she cannot confidently testify that your injuries and/or pain are directly caused by the wreck.

Medical Experts Hired By The Defense

One way medical providers can hurt your case is when they are called in as expert witnesses for the defense.  Often in personal injury cases, a defense tactic is to hire an independent medical expert.  This “expert”, who may have never laid eyes on you as the plaintiff or performed a full examination, reviews the medical records and makes a judgement on your injuries.

Medical Billing

Sometimes a medical provider can hurt your case by charging more for an injury simply because they know your injury was due to a car wreck.  Unfortunately, this can cause your provider to lose credibility.  One way a medical provider can help your case is by billing your medical insurance first, if you have it.  If you do not have medical insurance, a doctor can sometimes hold your bills and get reimbursed out of any settlement you receive.  If there is limited amounts of insurance but your bills are significant, sometimes doctors are willing to reduce the total amount of their bills in order to get your case resolved.

In conclusion, medical providers are vital to your case.  Choose doctors you know and trust, be honest with them, and comply with their treatment plans.

If you need an experienced and trustworthy legal team to help you after an injury, call Williams Elleby Howard & Easter today at 833-LEGAL-GA.