Legal Question in Personal Injury in California
I was involved in a car vs. bicycle accident. I was on my bike. Not my fault.
I'm dealing with the insurance comp. of the driver. I was unemployed at the time of
the accident. Can I claim my lost wages based on my earnings from my last employment?
Thx todd
2 Answers from Attorneys
Not unless a new job offer had been extended, and you could not begin. You might claim loss of unemployment benefits during the time you were recuperating, since you were unable to collect benefits, but that might be an uphill struggle.
I disagree with the previous answer. The jury instruction on loss of earnings indicates even if you were not working at the time ot the accident, you can claim inablility to work. If you were looking for a job at the time of the accident and could not could not continue to look for work, you can claim your time you were unable to look for the job.
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