Legal Question in Personal Injury in California

Collecting lost wages for a spinal injury.

I was recently involved in a single car accident where I was the passenger and received

a spinal injury. The driver had basic insurance to take care of passengers and other

parties. I have missed two months of work and am currently looking at missing two

more and I have nearly exhausted my savings trying to keep up with my bills. How

would I go about getting a hold of these lost wages and what percentage am I entitled to

receive?

Also I am a bartender so nearly all my pay is from tips, is there any way to have that

reimbursed also, since the min wag I receive from the bar is not near enough to meet

my bills.


Asked on 8/23/06, 9:35 pm

5 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Collecting lost wages for a spinal injury.

You are 'entitled' to collect whatever you can prove and pry from the checkbook of the insurance carrier, through settlement or litigated jury verdict. Those are your two choices. You should realize that a good, experienced attorney will be more successful at doing so than a private party with no knowledge of the rules, procedures or 'system'. I hope for your sake that the policy limits are high enough to cover your damages and expectations for 'pain and suffering'. Feel free to contact if interested in doing this right.

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Answered on 9/15/06, 1:20 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Collecting lost wages for a spinal injury.

The driver's insurance should pay your reasonable medical bills, lost wages and a fair amount for pain and suffering. However, he may not have enough insurance. You would need to know what his insurance limits are. If he does not, you should see if you have underinsured motorist coverage for yourself.

As far as collecting lost wages, you can collect any provable lost wages. Hopefully you have been claiming your tips on tax records and you can prove the amount of your income. If you can, then there is no problem. If you cannot, you will only be able to collect the amount that you can prove.

You may want to read my blog at www.calpiblog.com or listen to my podcasts at www.personalinjurypodcast.com for more information.

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Answered on 9/14/06, 6:25 pm
Michael Silvers California Personal Injury Attorneys

Re: Collecting lost wages for a spinal injury.

My friend this is the kind of case where I would recomend getting an attorney that specializes in motor vehicle accidents. Attorneys usually have the ability to get more from the insurance company than you do by yourself.

The insurance company knows that you don't know the law, so they will blindside you every step of the way. You have a fairly complicated case. Don't do this one on your own.

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Answered on 9/14/06, 6:29 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Collecting lost wages for a spinal injury.

ARE YOU SEEKING MEDICAL ATTENTION FOR YOUR SPINAL INJURIES? YOU ARE ENTITLED TO BE COMPENSATED FOR LOSS WAGES (INCLUDING TIPS) IF YOU NEED TO BE TAKEN OFF WORK DUE TO YOUR INABILITY TO WORK. CALL ME AT 213.388.7070 FOR A FREE CONSULTATION AND DISCUSS YOUR CASE FURTHER.

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Answered on 9/14/06, 6:56 pm
Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: Collecting lost wages for a spinal injury.

Go to my website at www.thepersonalinjury.com and click on the the personal injury link. At the bottom you will see a link to a page that describes the damages that you are entitled to. We handle cases in San Jose, you may call me for a free consultation.

Norm

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Answered on 9/14/06, 8:08 pm


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