Legal Question in Personal Injury in Ohio
wondering
Hi my name is--name removed--I was wondering about lost wage ernaings.I was in a car accidint and have missed a lot of work can I clame what tips i would have eraned on an average from what i was claming on my checks before i got injured. I'm a waitress and there telling me i cant claim them or do i clame up to meniumume wage
3 Answers from Attorneys
Re: wondering
If you are injured because of someone's negligence you are entitled to money damages. This means that you are entitled to be paid for your medical bills, repair of damages to your car, travel expenses to and from the doctor, car rental, and lost earnings. Everyone knows that a large part of a waitress' earning come from tips. You could take your earnings from an average week and figure your total or take checks for an average week and add the usual tip If most people give 15% where you work, add 15% to your paycheck. In any event do not let the insurance Co. scare you off by saying they will only pay you your wages because you did not claim all of your tips.
I will be happy to discuss this with you in more detail if you call me at the office. There is no charge for the phone call. I have been representing injured people for 33 years.
By the way-In addition to the out of pocket damages I listed above, you should also get money for pain, loss of enjoyment of life, and any residual disability. Do you have any scars? Does your doctor think that you may need medical care in the future? Be careful not to settle until you know for sure what your injuries are. Once you settle, you cannot go back for more if it turns out you have more problems later on!
Good luck
David H. Davies
Re: wondering
You can claim tips them for sure! It's ultimately a jury issue, and you can testify how much you were used to earning. Of course, if you have not been claiming that money on your taxes, your credibility will suffer.
Re: wondering
you should claim your actual loss
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